Madras High Court
Viswapriya Realty Services Private ... vs S. Khaja Mohideen on 29 April, 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.04.2015 CORAM THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.1926 of 2015 and M.P.No.1 of 2015 Viswapriya Realty Services Private Limited rep by its Director, P. Augustine, No.75-C, III Cross Street, Gandhi Nagar, Adyar, Chennai-600 020 ... Petitioner vs 1. S. Khaja Mohideen 2. Ahmed Ali 3. Shareubudeen 4. Abdul Arif 5. Abdul Aziz ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 19.2.2015 in C.M.A.No.26 of 2012 in I.A.No.1193 of 2012 in O.S.No.580 of 2012 on the file of the Additional District Munsif Court, Alandur. For Petitioner : Mr.Prakash Goklaney For respondents : Mr.M. Vivekanandan O R D E R
Challenging the judgment and decree passed in C.M.A.No.26 of 2012 on the file of Subordinate Court, Tambaram, confirming the fair and decreetal order passed in I.A.No.1193 of 2012 in O.S.No.580 of 2012 on the file of Additional District Munsif Court, Alandur, the defendant has filed the above Civil Revision Petition.
2. The plaintiff filed a suit in O.S.No.580 of 2012 for permanent injunction in respect of Survey Nos.131/3, 132/5 and 132/6. In the said suit, the plaintiffs filed an application in I.A.No.1193 of 2012, seeking for an interim injunction. The said application was contested by the defendant.
3. The trial court, after taking into consideration the case of both the parties, granted an order of interim injunction till the disposal of the suit. Aggrieved over the fair and decreetal order passed in I.A.No.1193 of 2012, the defendant preferred an appeal in C.M.A.No.26 of 2012 on the file of Subordinate Court, Tambaram and the lower Appellate Court also confirmed the fair and decreetal order passed in I.A.No.1193 of 2012 and dismissed the appeal. Aggrieved over the same, the defendant has filed the above Civil Revision Petition.
4. When the matter is taken up for hearing, Mr..Prakash Goklaney, learned counsel appearing for the petitioner submitted that the petitioner is not claiming any right in respect of the suit properties in O.S.No.580 of 2012 i.e., in Survey Nos. 131/3, 132/5 and 132/6 in South Area, Kubera Nagar.
5. The learned counsel for the petitioner also submitted that the revision petitioner has filed a suit in O.S.No.520 of 2012 for permanent injunction in respect of Survey No.132/7, which is also pending before the Additional District Munsif Court, Alandur. The learned counsel for the petitioner submitted that the petitioner is claiming the right only in respect of Survey No.132/7 and not in respect of Survey Nos. 131/3, 132/5 and 132/6.
6. In view of the representation made by the learned counsel for the petitioner, since the petitioner is not claiming any right in respect of the properties in O.S.No.580 of 2012, without disturbing the judgment passed in C.M.A.No.26 of 2012, the trial court can be directed to dispose of the suit within the stipulated time.
7. The learned counsel for the petitioner submitted that while deciding the appeal in C.M.A.No.26 of 2012, the lower Appellate Court has made some observations in survey No.132/7, which is the subject matter of the suit in O.S.No.520 of 2012.
8. Since Survey No.132/7 is not the subject matter in O.S.No.580 of 2012, the lower Appellate Court ought not to have given any finding with regard to Survey No.132/7 in the Civil Miscellaneous Appeal. The rights of the parties in Survey No.132/7 can be decided only in the suit in O.S.No.520 of 2012.
9. In these circumstances, I find no reason to interfere with the judgment and decree passed in C.M.A.No.26 of 2012 passed by the Subordinate Court, Tambaram , however, I make it clear that the suit in O.S.No.520 of 2012 relating to Survey No.132/7, pending on the file of Additional District Munsif Court, Alandur, shall be decided by the trial court, on merits and in accordance with law, uninfluenced by any of the observations given in C.M.A.No.26 of 2012.
10. It is brought to the notice of this court that though an Advocate Commissioner was appointed two years back in the suit in O.S.No.580 of 2012, the Advocate Commissioner has not filed his report till this date. Therefore, the Additional Munsif Court, Alandur is directed to order the Advocate Commissioner to file his report on or before 30.6.2015 and the Additional Munsif Court, Alandur is directed to dispose of the suit in O.S.No.580 of 2012, on merits and in accordance with law, within a period of three months thereafter.
11. With these observations, the Civil Revision Petition is disposed of. No costs. Consequently, connected MP is closed.
29-04-2015 sr Index:no website:yes M. DURAISWAMY,J., sr To
1. The Additional District Munsif Court, Alandur
2. The Subordinate Court, Tambaram CRP(NPD)No.1926 of 2015 29-04-2015