1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.(MD)No.1011 of 2011 and M.P(MD)No.1 of 2011 E.Thangasamy .. Appellant -Vs- 1.E.Ramkumar Raja 2.K.Chandran 3.C.Senthilkumar .. Respondents Prayer: Appeal is filed under Section 104 r/w Order 43 Rule 1(R) of the code of civil procedure to set aside the order and decretal order dated 04.03.2011 and made in I.A.No.338 of 2010 in O.S.No.91 of 2010 on the file of the Principal District Judge, Thoothukudi. For Appellant : Mr.T.Srinivasaraghavan For R-1 : Mr.Kalyanasundaram for Mr.N.S.Ramakrishnadoss For R-2 and R-3 : Mr.Velikaniraju J U D G M E N T Impugning the order, dated 04.03.2011 and made in I.A.No.338 of 2010 in O.S.No.91 of 2010 on the file of the learned Principal District Judge, Tuticorin, this civil miscellaneous appeal has been filed by the petitioner therein. 2.The appellant herein has filed a suit in O.S.NO.91 of 2010 on the file of the learned Principal District Judge, Tuticorin, seeking the relief of declaration and consequential relief of permanent injunction. Along with the suit, he has also filed an interlocutory application in I.A.No.338 of 2010 for granting an order of interim injunction. After inviting the counter from the other side, the learned Principal District Judge, Tuticorin, has proceeded to dismiss the petition on the ground that the first respondent was found to be in the possession of the suit property. Being aggrieved by the order passed by the learned Principal District Judge, Tuticorin, the petitioner has preferred this Civil Miscellaneous Appeal. 3.The 2nd respondent has filed counter affidavit for himself and on behalf of 3rd respondent to the petition in M.P.No.1 of 2011. The first respondent did not file any written objection, to the petition, but Mr.Kalyanasundaram learned counsel for the first respondent has vehemently objected the petition. 4.Heard both sides. 5.This court has perused the averments of the affidavit filed in support of this petition as well as the averments of the counter affidavit filed by the respondents 2 and 3. https://hcservices.ecourts.gov.in/hcservices/ 2 6.During the course of his argument, Mr.T.Srinivasaraghavan, the learned counsel for the petitioner has submitted that a direction might be given to the learned Principal District Judge, Tuticorin, to dispose the suit in O.S.No.91 of 2010 within the steel framed time. 7.Mr.Kalyanasundaram, learned counsel for the first respondent has also conceded for the suggestion made by the learned counsel, Mr.T.Srinivasaraghavan. 8.Having regard to the submissions made on behalf of both sides, this court finds that there may be a direction to the learned Principal District Judge, Tuticorin, to dispose the suit within the stipulated period. Since, Mr.T.Srinivasaraghavan, the learned counsel for the appellant has come forward with this suggestion as aforestated, this Court is of the view that there need not be any elaborate order on the appeal. 9.Under these circumstances, the appeal in C.M.A.No.1011 of 2011 is allowed and the impugned order dated 04.03.2011 and made in I.A.NO.338 of 2011 in O.S.NO.91 of 2010 is set aside. Instead, there shall be an order of status quo till the disposal of the suit. However, it is made clear that any transaction is made in respect of the suit property, it will definitely hit by the doctrine of lis pendency. With this observation, the appeal is disposed of. The learned Principal District Judge, Tuticorin is hereby directed to dispose the suit in O.S.NO.91 of 2010 within the stipulated period of four months, after giving sufficient opportunity to both sides to adduce their respective evidences both oral and documentary. Consequently, the connected M.P. is closed. There is no order as to costs. SD/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS) To The Principal District Judge, Tuticorin. +1 CC to Mr.T.Srinivasa Raghavan, Advocate, SR.No.36685 +1 CC to Mr.M.Veilkaniraju, Advocate, Sr.No.36556 skn C.M.A.(MD)No.1011 of 2011 21.10.2011 TR : 28.10.2011 : 2p/4c : IT https://hcservices.ecourts.gov.in/hcservices/