CMA(MD)/1286/2023 of M. Shanmugaiah Vs Velusamy on 27 October 2026

Judgment

These civil miscellaneous appeals have been filed against the fair and decretal order dated 16.09.2022 made in IA Nos.7 and 3 of 2022 in OS No.120 of 2022, on the file of the Additional District Court, Tenkasi.

2. Heard the counsel on either side.

3. The Plaintiff filed a suit in O.S. No. 120 of 2022 before the District Court, Tirunelveli, seeking certain reliefs. “a) declaring that the plaintiff is having the right of pre- emption over the plaint 1st schedule property and directing the defendants 1 to 7 to execute a sale deed in favour of the plaintiff, for a sum of Rs.7,54,763/- or any fair value of the 3/4th share in the 1st schedule property and in case the defendants 1 to 7 failed to do execute a sale deed in favour of the plaintiff in respect of plaint 1st schedule property, this Court may do the same;

b) to set aside the sale deed dated 22.02.2022 bearing doc.No.1116 of 2022 before the Sub-Registrar at Alankulam executed by defendants No.4 to 7 in favour of 8th defendant in respect of the 2nd schedule property;

c) to set aside the sale deed dated 22.02.2022 bearing doc.No.1117 of 2022 before the Sub-Registrar at Alankulam

CMA(MD) Nos. 1286 & 1287 of 2023 executed by 1st and 2nd defendants in favour of the 8th defendant in respect of the 2nd schedule property;

d) permanent injunction restraining the defendant No.8, his servants or agents, from disturbing the plaintiff’s possession and enjoyment over the 1st schedule property in any manner;”

4. Pending the suit, the Plaintiff filed I.A. No. 3 of 2022 under Order XXXIX Rules 1 and 2 r/w. Section 151 C.P.C. for an interim injunction restraining the respondents with regard to the first item of the suit property, so as not to disturb peaceful possession and enjoyment.

5. Similarly, the 8th Defendant in the suit filed I.A. No. 7 of 2022 under Order XXXIX Rules 1 and 2 r/w. Section 151 C.P.C. for an interim injunction stating that the 8th Defendant is the purchaser with regard to the second item of the suit schedule property, which forms part of the first item of the suit property, that he is in possession and enjoyment of the property, and that nobody should disturb his peaceful possession.

6. Both I.A.s were commonly disposed of by a common order dated 16.09.2022, allowing the application filed by the 8th Defendant and dismissing the application filed by the Plaintiff.

CMA(MD) Nos. 1286 & 1287 of 2023

7. Aggrieved by the same, two separate Civil Miscellaneous Appeals have been filed.

8. When the matter was taken up for consideration, the learned counsel for the Appellant submitted that the 8th Defendant claims to be the purchaser of the second item of the suit property, which is part of the first item of the suit property and that the trial court granted an interim injunction in favour of the 8th Defendant not to disturb his peaceful possession, whereas the relief sought by the Plaintiff for the first item of the property was dismissed.

9. It is submitted that consequent upon the bifurcation of Tirunelveli District into two judicial districts as Tirunelveli and Tenkasi, the subject matter now falls within the territorial jurisdiction of Tenkasi District. Consequently, the suit in O.S. No. 120 of 2022 was transferred from the file of the Additional District Court, Tirunelveli, to the file of the Additional District Court, Tenkasi, where it is currently pending.

10. The learned counsel for the Appellant in his fairness submitted that both appeals may be disposed of with a direction to the trial court for the expeditious disposal of the suit, as the suit is ready for trial.

CMA(MD) Nos. 1286 & 1287 of 2023

11. The learned counsel for the Respondent has no serious objection to the expeditious disposal, provided that the interim injunction granted in favour of the 8th Defendant is protected in the interim period i.e., till the disposal of the suit.

12. Recording the submissions of both sides, both Civil Miscellaneous Appeals are dismissed, confirming the order passed by the trial court. The learned Additional District Judge, Tenkasi, is directed to dispose of O.S. No. 120 of 2022 pending on its file, within a period of six months from the date of receipt of a copy of this judgment. No costs. Consequently, connected miscellaneous petition is closed. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TM To

1. The Additional District Judge, Tenkasi.

2. The Section Officer / Record Keeper, E.R / V.R Section, Madurai Bench of Madras High Court, Madurai.

CMA(MD) Nos. 1286 & 1287 of 2023 DR.P.MURUGAN, J. TM CMA(MD) Nos. 1286 & 1287 of 2023 27-10-2026