Madras High Court
CRP(MD)/2916/2024 of Palanichamy Vs Murugaraj on 7 September 2026
C.R.P(MD)No.2916 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2026
CORAM:
THE HONOURABLE MS.JUSTICE R.POORNIMA
C.R.P(MD)No.2916 of 2024
and
C.M.P(MD)No.16676 of 2024
1.Palanichamy
... Petitioner(s)
–
Vs. -
1. Murugaraj
2.V. Prabu
(R2 is Impleaded as Per the Order of this Court dated 14.11.2025 in C.M.P(MD)
No.7743 of 2025)
... Respondent(s)
Prayer : Civil Revision Petition filed under Article 227 of The Constitution of India to call for the records pertaining to the order dated 14.10.2024 passed in Interlocutory Application in I.A.No.1/2023 in O.S.No.48 of 2023 on the file of the Subordinate Court, Thirumangalam and set aside the same and thus render justice.
For Petitioner
: M/s.M.Antony Rajadurai,
for Mr.S.Rajasekar
For R1
: Mr.P.Ganapathi Subramanian
For R2
: Mr.Jeyakarthik
C.R.P(MD)No.2916 of 2024
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ORDER
The civil revision petition is filed against the order dated 14.10.2024 passed in Interlocutory Application in I.A.No.1/2023 in O.S.No.48 of 2023 on the file of the Subordinate Court, Thirumangalam.
2. The petitioner is the plaintiff in O.S.No.48 of 2023, which has been filed seeking recovery of a sum of Rs.6,00,000/- from the respondent/defendant on the basis of a promissory note dated 26.12.2020. Pending disposal of the suit, the petitioner filed I.A.No.1 of 2023 under Order XXXVIII Rule 5 of the Code of Civil Procedure, seeking an order of attachment before judgment in respect of the immovable property belonging to the respondent/defendant.
3. Before the trial Court, the respondent/defendant filed his counter, contending that he was not, at present, in a position to sell the property. He also denied and disputed the alleged borrowing of money from the petitioner. After considering the rival contentions of both parties, the trial Court dismissed the petition. Aggrieved by the said order, the petitioner has filed the present revision petition.
C.R.P(MD)No.2916 of 2024
4. During the pendency of the Civil Revision Petition, the first respondent/defendant sold the suit property on 10.03.2025. However, this Court, thereafter, on 28.03.2025, granted an order of injunction restraining the respondent from alienating the property. Thus, the sale had already been effected prior to the passing of the order of injunction. The second respondent, who is the subsequent purchaser, contended that he had verified the Encumbrance Certificate and, since there was no subsisting encumbrance reflected therein, he purchased the property for valuable consideration. He further contended that he was not aware of either the pendency of the suit or the alleged monetary transaction between the petitioner and the first respondent. The first respondent admitted that he had sold the property, but stated that the sale was necessitated by his financial requirements, particularly to meet the marriage expenses of his daughter. He further reiterated that he had not borrowed any money from the petitioner and that the alleged transaction was seriously disputed by him. He also pointed out that the petition filed by the petitioner under Order XXXVIII Rule 5 of the Code of Civil Procedure had not been ordered against him. He submitted that, as he was in need of money, he sold the property and that he came to know only subsequently that the petitioner had obtained an order of injunction from this Court.
C.R.P(MD)No.2916 of 2024
5. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.
6. The second respondent, being the bona fide purchaser of the suit property, purchased the property at a time when there was no order of attachment or injunction operating against the property. It is further seen that the petition filed by the revision petitioner before the trial Court had already been dismissed and that there was no order of stay in operation. Though the revision petitioner had preferred the present Civil Revision Petition, he had not obtained any interim order restraining the first respondent from alienating the property. Therefore, in the absence of any subsisting order of attachment, injunction or stay, the first respondent proceeded to sell the petition-mentioned property in favour of the second respondent.
7. In view of the subsequent events, the prayer sought for by the petitioner has become infructuous. The property was sold by the first respondent only after the dismissal of the petition filed in I.A.No.1 of 2023 and during the pendency of the present Civil Revision Petition, when there was no order of stay or any other prohibitory order operating against the alienation of the property. Therefore, this Court finds no reason to interfere with the order passed by the trial Court.
C.R.P(MD)No.2916 of 2024 However, the learned counsel appearing for the petitioner requested this Court to direct the trial Court to dispose of the suit at the earliest. Considering the age of the suit and the circumstances of the case, the trial Court is directed to conclude the trial and dispose of the suit within a period of four months from the date of receipt of a copy of this order. Both parties are directed to extend their full cooperation for the expeditious disposal of the suit. In particular, the first respondent is directed to cooperate with the trial for the completion of the proceedings within the aforesaid time frame.
8. In the result, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
07.09.2026 NCC : Yes / No Index : Yes / No Ns To
1. The Subordinate Court, Thirumangalam
2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
C.R.P(MD)No.2916 of 2024 R.POORNIMA
, J. Ns C.R.P(MD)No.2916 of 2024 and C.M.P(MD)No.16676 of 2024 07.09.2026