Madras High Court
M/S.Lic Housing Finance Ltd vs R.Saradha on 16 July, 2008
Author: M.Chockalingam
Bench: M.Chockalingam, R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE R.SUBBIAH O.S.A.NO.278 OF 2004 AND C.M.P.NO.19711 OF 2004 M/s.LIC Housing Finance Ltd., rep. by Manager (Loan Section), Anna Theatre, No.38,Anna Salai, Chennai-600 002 .. Appellant Vs. 1.R.Saradha 2.R.Srinivasan 3.V.Thirupurasundari 4.N.Nayagam 5.Velammal 6.S.C.Ashok .. Respondents This O.S.A. has been preferred under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the order, dated 14.07.2003 made in O.A.No.849 of 2002 in C.S.No.852 of 2002. For Appellant : Mr.E.Omprakash for M/s.Ramalingam & Associates For Respondents: Mr.K.V.Ananthakrishnan for RR1 to 3 No appearance for RR4 to 6 - - - - JUDGMENT
(The judgment of the Court was made by M.CHOCKALINGAM, J.) This appeal challenges an order of the learned Single Judge made in O.A.No.849 of 2002 seeking an order of interim injunction restraining the respondents, who were defendants 1,4,7 and 8, from dealing with the property or interfering with the plaintiffs' possession, pending suit, which was ordered in favour of the plaintiffs.
2.The Court heard the learned counsel for the appellant and also the learned counsel for the respondents.
3.The respondents/plaintiffs sought a money decree against the defendants 2 to 6, a charge decree in respect of 'C' schedule properties and also for declaration that the plaintiffs were the absolute owners of the properties morefully described in the schedule to the plaint and also a direction to the 7th defendant to hand over to the plaintiff the original title deeds described in schedule 'D' annexed to the plaint.
4.At the time of filing of the suit, Application No.849 of 2002 was filed. A perusal of the affidavit filed in support of the application would reveal that the plaintiff's husband Mr.Ramanathan entered into a joint venture agreement with the first defendant and accordingly, the flats were constructed and the plaintiffs were actually put in possession of Flats G-1 and G-2 in the ground floor and they have been enjoying so. While the matter stood thus, the plaintiffs came to know that the first defendant, in order to make illegal gain, has created documents, containing forged signature of the deceased Ramanathan and created conveyance in favour of his wife the 4th defendant and also created equitable mortgage in favour of the 8th defendant in respect of the said flats. Under these circumstances, the plaintiffs have come with specific averments that those transactions would not be binding on them and it is a case where declaration has got to be given and hence the application has been filed seeking interim injunction restraining the defendants 1,4,7 and 8 from interfering with their possession of the property.
5.The said application was countered by the respondents, inter-alia, denying the allegations. However, the learned Single Judge has granted interim injunction in favour of the plaintiffs, which is the subject matter of challenge before this Court.
6.The learned counsel appearing for the appellant, inter-alia, made only one prime submission that the order is not a speaking order and it says "interim injunction granted by order dated 9.12.2002 is made absolute". Thus, it does not speak about the reasons under what circumstances injunction originally granted came to be made absolute. On that score, the injunction order has got to be set aside.
7.Contrary to the above, the learned counsel for the respondents/plaintiffs would submit that after appraisement of facts and circumstances of the case and that too in particular the fact that the plaintiffs were in possession of the property was an admitted one, the learned Single Judge has granted interim injunction, which should not be disturbed.
8.After hearing the learned counsel on either side, the Court is of the considered opinion that in the instant case, the learned Single Judge has not adduced any reasons for making the interim order originally granted absolute. Hence the interim injunction granted has got to be set aside. Accordingly, it is set aside, but at the same time, the Court in appraisement of the circumstances, feels that status quo, namely the plaintiffs are in possession of the property, has got to be maintained till the disposal of the suit and accordingly, it is ordered. It is reported by the learned counsel for the appellant that already a suit has been filed by the appellant in C.S.No.443 of 2003 and the same is directed to be tried along with C.S.No.852 of 2002. Considering the request made by the bar, the Court feels that it is a case where the learned Single Judge has got to be required to dispose of both the suits at the earliest. Accordingly, the learned Single Judge is required to dispose of both the suits at the earliest. Accordingly, this O.S.A. is disposed of. No costs. Consequently, the connected CMP is closed.
(M.C., J.) (R.P.S., J.) 16.07.2008 Index : Yes Internet : Yes vvk M.CHOCKALINGAM, J.
AND R.SUBBIAH, J.
vvk O.S.A.NO.278 OF 2004 16.07.2008