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2022 DIGILAW 3382 (MAD)

Chairman, The Committee of Management Madrs Race Club, Guindy, Chennai v. K. Kaliyaperumal

2022-09-19

P.T.ASHA

body2022
JUDGMENT (Prayer in CMA.No.2040 of 2022 : Appeal filed under Order XLIII Rule 1(r) of CPC against the order passed on 26.07.2022 in I.A.No.2 of 2022 in O.S.No.5031 of 2022 pending on the file of the Hon'ble Principal Judge, City City Court, Chennai. CMA.No.2081 of 2022 : Appeal filed under Order XLIII Rule 1(r) of CPC against the order passed on 26.07.2022 in I.A.No.3 of 2022 in O.S.No.5031 of 2022 pending on the file of the Hon'ble Principal Judge, City City Court, Chennai.) Common Judgement 1. The above appeal arises against the order passed in IA.Nos.2 and 3 of 2022 in O.S.No.5031 of 2022 in which ex parte orders of injunction has been granted. 2. The appellants before this Court are aggrieved by the fact that the true facts have not been brought to the notice of the Court and based on the averments contained in the affidavit the learned Judge has proceeded to pass ex parte orders of injunction. 3. The appellants had initially taken out an application in C.R.P. No.2485 of 2022 to strike of the plaint in O.S.No.5031 of 2022 pending on the file of the Principal Judge City Civil Court, Chennai. The revision was dismissed and challenging the same the appellants had move the Hon'ble Supreme Court in SLP No.14536 of 2022. In the said SLP the Hon'ble Supreme Court had passed the order on 29.08.2022 in which they had directed the respondent to register an appeal under Order XLIII of the Code of Civil Procedure challenging the ex parte orders of injunction. In compliance of the said order the appellants have moved this Court. Accordingly the appellants had filed two appeals challenging the two interim orders. 4. After hearing both the counsels it is seen that the leaned Principal Judge has based her decision on the premise that the e-voting is susceptible to manipulation and the learned Senior Counsel appearing on behalf of the appellants has been able to clarify the above doubts. Accordingly the appellants had filed two appeals challenging the two interim orders. 4. After hearing both the counsels it is seen that the leaned Principal Judge has based her decision on the premise that the e-voting is susceptible to manipulation and the learned Senior Counsel appearing on behalf of the appellants has been able to clarify the above doubts. Therefore, this Court is of the opinion that prima facie, the appellants have been able to make out that the impugned orders have been passed on a mis-conception and therefore a suggestion was made to the counsel that the interim orders based on such mis-conception be set aside and the parties be directed to appear before the Principal Judge City Civil Court, Chennai to put forward their respective case and the learned Judge shall pass orders after hearing both the parties and considering their pleadings and documents. Both the counsels have consented to the above suggestion. That apart since the interlocutory applications seek to injunct not only the meeting that was abated on 11.08.2022 but also future meetings a time frame for the disposal of the applications have to be fixed. 5. In the result, the order passed in I.A.Nos.2 and 3 of 2022 in O.S.No.5031 of 2022 on the file of the Principal Judge, City Civil Court, Chennai is set aside and the parties shall appear before the Principal Judge, City Civil Court, Chennai to contest the Interlocutory Applications. The learned Judge shall hear the two Interlocutory Applications afresh after taking on file the counter of the appellants/defendants. The appellant shall file their counter on or before 23.09.2022. 6. It is informed that the matter is listed tomorrow before the Principal Judge City Civil Court, Chennai. The Learned Principal Judge shall adjourned the matter to 23.09.2022. The I.A.Nos.2 and 3 of 2022 in O.S.No.5031 of 2022 shall be disposed of on or before 28.10.2022 and a report of the same shall be sent to this Court. 7. With the above directions, the Civil Miscellaneous Appeals are allowed. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed. 8. The learned counsel for the plaintiff/respondent undertakes to inform the learned Principal Judge, City Civil Court, Chennai about the directions issued today by this Court.