J. Shyamdev Mundhra vs J. Krishnakumar Mundhra on 30 May, 2023

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Supreme Court - Daily Orders

J. Shyamdev Mundhra vs J. Krishnakumar Mundhra on 30 May, 2023

Bench: Sudhanshu Dhulia

     ITEM NO.22                          COURT NO.5                 SECTION XII

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)               No(s).   11163/2023

     (Arising out of impugned final judgment and order dated 13-05-2023
     in CMP No. 11141/2023 passed by the High Court of Judicature at
     Madras)

     J. SHYAMDEV MUNDHRA                                             Petitioner(s)

                                                VERSUS

     J. KRISHNAKUMAR MUNDHRA                                         Respondent(s)

     (FOR ADMISSION and I.R. )

     Date : 30-05-2023 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SUDHANSHU DHULIA
                         HON'BLE MR. JUSTICE K V VISWANATHAN


     For Petitioner(s)             Mr. N. Muralikumaran, Sr. Adv.
                                   Mr. V. N. Raghupathy, AOR
                                   Mr. Varun Varma, Adv.

     For Respondent(s)             Mr. S. Nagamuthu, Sr. Adv.
                                   Mr. M. P. Parthiban, AOR


                          UPON hearing the counsel the Court made the following
                                             O R D E R

This petition has been filed challenging the order of the learned Single Judge of Madras High Court dated 13.05.2023 by which the temporary injunction granted in favour of the plaintiff has been set aside, pending appeal. An objection which was also raised before the High Court by the present petitioner was that the appeal was in fact liable to be filed before the District Court and not Signature Not Verified Digitally signed by NEETA SAPRA Date: 2023.05.30 before the High Court. All the same, the learned Single Judge 16:49:38 IST Reason:

SLP (C) No. 11163/2023 1

relying upon the Section 30(7) of the (Tamil Nadu) Civil Courts Act, 1873 has observed that though this may be so but during vacations, if the Court is not sitting then such an appeal can be filed before the High Court.

Be that as it may, after hearing Mr. Muralikumaran and Mr. S. Nagamuthu, learned senior counsel of the two parties, we are of the opinion that since the appeal is pending before the High Court, it would be better that the appeal be decided expeditiously and, in the meanwhile, the parties shall maintain status quo as on date. With these observations, special leave petition is disposed of. In case the appeal is to be decided by the learned District Judge, then in that event it shall be transferred to that Court by the High Court.

Order dated 13.05.2023 is hereby set aside.

  (NEETA SAPRA)                                            (POONAM VAID)
COURT MASTER (SH)                                        COURT MASTER (NSH)




SLP (C) No. 11163/2023                    2

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