AI Structured Summary
Not yet generated for this judgment
Judgment
M.M. Sundresh, J.—The revisions have been filed by the petitioners, who are the defendants in the suit filed in I.A. Nos. 150, 151, 153,
154, 156 & 157 of 2009 in O.S. Nos. 86, 87 & 88 of 2009 respectively pending on the file of the learned District Munsif, Kodaikanal.
It is represented by the learned senior Counsel appearing for the petitioners that the very suits are not maintainable., since the suits have been
filed based upon the unregistered sale deed. It is further represented by the learned senior Counsel that inspite of counter applications filed, the
Court below has extended interim injunction without disposing of the same. It is also submitted that the suits are not maintainable, in view of the
provisions of the Transfer of Properties Act. According to the learned senior Counsel, in view of the fact that the suits are not maintainable, the
Court below ought not have granted interim orders and extended them further.
Per contra, the learned Counsel for the respondent submitted inasmuch as the petitioners having filed the counter to the interim application the
power of superintendent under Article 227 of the Constitution of India cannot be availed.
I have heard the learned counsels for the petitioners as well as for the respondents.
The suits have been filed seeking the relief of permanent injunction restraining the defendants from interfering with the peaceful possession and
enjoyment of the suit property as well as restraining the defendants from alienating the suit properties. Pending the suit, the respondents herein, filed
applications in I.A. Nos. 150, 151, 153, 154, 156 & 157 of 2009, seeking the relief of temporary injunction. The petitioners herein, have also filed
the counter affidavits on 23.06.2009. This Court finds that under those circumstances, the Court below ought to have passed orders on the
injunction application at the earliest more so, when the order of interim injunction have been granted already and when the petitioners have taken
the plea of maintainability of the suit itself. Hence, considering the said submissions, this Court is of the opinion that the interest of justice require
that the trial Court will have to be directed to dispose of the application filed by the respondents on or before 31.07.2009.
Accordingly, the learned District Munsif, Kodaikanal is directed to dispose of the Interlocutory Applications in I.A. Nos. 150, 151, 153, 154,
156 & 157 of 2009 in O.S. Nos. 86, 87 & 88 of 2009 respectively on or before 31.07.2009. The Registry is directed to send a copy of this
order to the trial Court immediately.
With the above directions, the Civil Revision Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be
no orders as to costs.