Document Fragment View

Matching Fragments

5. The Revision Petitioner herein as Plaintiff had initially filed the suit in O.S.No.172 of 2016 and O.S.No.179 of 2016 on the file of the learned District Munsif, Palacode, and moved for an interim injunction in I.A.No.859 of 2016 in O.S.No.172 of 2016 whereby the interim injunction was initially granted. After due enquiry, it was dismissed.

6. Aggrieved by the same, the Revision Petitioner herein had preferred C.R.P.No.4040 of 2017 before this Court. The learned Judge had dismissed the Civil Revision Petition with an observation that any alienation made by the respondents therein will be subject to the outcome of the suit. Subsequently, the Plaintiff filed another suit in O.S.No.15 of 2018. He had https://www.mhc.tn.gov.in/judis C.R.P.Nos.1152 & 1153 of 2021 filed I.A.Nos.95 & 96 of 2018 in O.S.No.15 of 2018. After due enquiry, the learned District Munsif, Palacode, had dismissed I.A.Nos.95 & 96 of 2018 in O.S.No.15 of 2018 by order dated 05.06.2018.

9. The learned Senior Counsel for the Respondents invited the attention of this Court to the order passed by the learned District Munsif, Palacode, and also to the counter filed by the 2nd Defendant/Respondent in I.A.No.95 of 2018 in O.S.No.15 of 2018 on the file of the learned District https://www.mhc.tn.gov.in/judis C.R.P.Nos.1152 & 1153 of 2021 Munsif, Palacode, which is as follows:-

14. After due enquiry, the Petition in I.A.No.95 of 2018 in O.S.No.15 of 2018 was dismissed by the learned District Munsif, Palacode, as per order dated 05.06.2018. Against which the Petitioner in I.A.No.95 of 2018 and Plaintiff in O.S.No.15 of 2018 had filed C.M.A.No.1 of 2018 on the file of the learned Subordinate Judge, Palacode. Already, the suit was filed by Leela @ Leelawathy through her Power of Attorney agent Nittin Viswanath Salila on the file of the same learned District Munsif, Palacode, in O.S.No.83 of 2016 against the very same property, seeking declaration of title over the suit property and seeking permanent injunction against Defendants 1 to 4 in O.S.No.83 of 2016. The 4th Defendant is the Plaintiff in O.S.No.15 of 2018. As per the plaint averments, the Defendants in O.S.No.83 of 2016 have no right or claim over the properties. The properties have been purchased by the husband of the Plaintiff, by name J.S.Bhonsle jointly along with his son, https://www.mhc.tn.gov.in/judis C.R.P.Nos.1152 & 1153 of 2021 S.J.Suresh Bonsle, who are natives of Karnataka and reside in Bengaluru. They wanted to run a Dhaba along with an agricultural farm. Since the son and husband of Plaintiff in O.S.No.83 of 2018 died. She had executed special Power of Attorney for her nephew Nithin Viswanath Salian to take care of the property, including to file cases to protect the property and defend cases to protect the property. Therefore, the suit in O.S.No.83 of 2016 even prior to the filing of the suit by the Revision Petitioner herein as Plaintiff in O.S.No.15 of 2018. Based on a Will alleged to have been executed by her late S.J.Suresh Bonsle, the Plaintiff in O.S.No.15 of 2018 seeks to declare the sale deeds alleged to have been executed by Defendants 2 to 4 in favour of the first Defendant as null and void when the title itself had not been declared in her favour. Therefore, the order passed by the learned District Munsif, Palacode, dismissing the I.A.No.95 of 2018 in O.S.No.15 of 2018 is found to be proper. There is a prior suit in the very same Court between the mother of the deceased S.J.Suresh Bonsle wherein this Plaintiff in O.S.No.15 of 2018 had been impleaded as 4th Defendant.

29.04.2024 cda Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No https://www.mhc.tn.gov.in/judis C.R.P.Nos.1152 & 1153 of 2021 To

1. The Sub-Judge, Palacode.

2. The District Munsif, Palacode.

3.The Section Officer, VR Records, High Court, Chennai.