IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 09.02.2017 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE C.M.A.No.1668 of 2013 R.Jawahar ... Appellant Vs.
1. A.R.R.Rajaramanan
2. Ramathilagam Ammal
3. Dhandayuthapani ... Respondents Prayer:- Civil Miscellaneous Appeals have filed under Order 43 Rule 1 of C.P.C., against the dismissal order passed in I.A.No.204 of 2013, dated 17.04.2013 in O.S.No.48 of 2013 by the Principal District Judge, Cuddalore District, Cuddalore.
For Appellant : Mr.S.L.Sudarsanam For Respondents : Mr.L.Damodaran JUDGMENT The plaintiff has come before this Court challenging an order dismissing his application for interim prohibitory injunction against the respondents, who are his parents and brother, from alienating the suit property.
2. The brief facts are that the father, the first respondent has executed a settlement deed in favour of the appellant on 06.03.2009. Later, he has cancelled the same and executed another settlement deed in favour of other respondents on 30.11.2012. The plaintiff impugns the second mentioned N.SESHASAYEE, J., kmi settlement deed as well as the cancellation deed. He further claims that he is in possession of the suit property and only prayer he makes in this appeal is to restrain the respondents from alienating the suit property. This prayer in one which is ungracious, inasmuch as there is Section 52 Transfer of Property Act, that can take care of the situation.
3. The learned counsel for both sides submitted that the pleadings in the suit have already been completed and issues have been settled. I therefore, choose to dispose of this appeal and direct the parties to preserve the current status quo and the civil miscellaneous appeal is disposed of accordingly. The trial Court is directed to complete the trial on or before 30.08.2017. The parties are directed to lend their best efforts in completing the trial. No costs.
kmi To
1. The Principal District Judge, Cuddalore District, Cuddalore.
2. The Section Officer, V.R.Section, High Court, Madras.
09.02.2017 (2/2) C.M.A.No.1668 of 2013 http://www.judis.nic.in