Madras High Court

CMA(MD)/1021/2022 of VIDHYALAKSHMI Vs NACHIMUTHU on 3 November 2026

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CMA(MD) No. 1021 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03-11-2026

CORAM

THE HON'BLE DR.JUSTICE P.MURUGAN

CMA(MD) No. 1021 of 2022

and

CMP(MD)No.10102 of 2022

CNR:{HCMD011050572022}

1. Vidhyalakshmi

W/o.N.Rajasekaran,

Door No.8, Race Course Road,

Dindigul.

2. N.Rajasekaran

S/o.Narayanan,

Door No.8, Race Course Road,

Dindigul.

3. Pandiyammal

W/o.Sasikumar,

Door No.2/310, Chinnaiyapuram,

District Collector Office Post,

Chettinayakkan Patti,

Dindigul West,

Dindigul.

4. Sasikumar

S/o.Jeyaraj,

Door No.2/310, Chinnaiyapuram,

District Collector Office Post,

Chettinayakkan Patti,

Dindigul West,

Dindigul.

5. Yukdesh Private Limited

Represented its Director N.Rajasekaran,

__________

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CMA(MD) No. 1021 of 2022

Door No.4C/4, Round Road,

Door No.2/310, Chinnaiyapuram,

Dheivasikamanipuram,

Dindigul.

..Petitioner(s)

Vs

1. Nachimuthu

S/o.Natchimuthu Gounder,

Ambiyampatti Road,

Ambiyampatti Village and Post,

Ottanchatram,

Dindigul.

2. P.Sakthivel

S/o.Periya Gownder,

Neelamalaikottai Village and Post,

Attur Taluk,

Dindigul.

3. S.Periyanayaki

W/o.P.Sakthivel,

Neelamalaikottai Village and Post,

Attur Taluk,

Dindigul.

4. Subba Naidu

S/o.Perumalsamy Naidu,

Obulapuram,

Ayakkudi Village,

Palani Taluk,

Dindigul.

5. Yuvaraj

S/o.Radhakrishnan,

door No.8, main Road,

Anna Nagar,

Nelli Thoppu,

Puduchery State.

..Respondent(s)

__________

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CMA(MD) No. 1021 of 2022

PRAYER: Civil Miscellaneous Petition filed under Order 43 RULE 1(r)

OF Civil Procedure Code, to set aside the impugned order in

I.A.No.178/2022 in O.S.No.339/2022 on the file of Additional District Court, Palani dated 28-09-2022.

For Petitioner(s)

:Mr.P.Saravanakumar

For Respondent(s)

:Mr.S.R.Suresh Kumar

for R.1 to R.3

No Appearance for R.4 & R.5

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JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the impugned order passed in I.A. No. 178 of 2022 in O.S. No. 339 of 2022 on the file of the Additional District Court, Palani, dated 28.09.2022.

2. The defendants in O.S. No. 339 of 2022 are before this Court by way of the present appeal. The plaintiffs therein filed a suit for declaration and permanent injunction. Pending the suit, the plaintiffs filed an interim application in I.A.No.178 of 2022 seeking an interim injunction restraining the defendants from alienating the suit property till the disposal of the suit. The said application was allowed after contest. Aggrieved by the said order, the defendants have filed the present CMA. __________

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CMA(MD) No. 1021 of 2022

3. Today, when the matter was taken up for hearing, the learned counsel for the appellants submitted that, as per the instructions received from the appellants, the appeal has become infructuous. Therefore, he submitted that the appeal may be dismissed as infructuous.

4. The learned counsel for the respondents, who are the plaintiffs before the Trial Court, submitted that the defendants therein had approached this Court by filing a CRP under Article 227 of the Constitution of India, seeking rejection of the plaint, and the same was allowed. Consequently, the plaint was rejected by the Trial Court. However, the plaintiffs therein filed an SLP before the Hon'ble Supreme Court, which is pending consideration.

5. In view of the above circumstances, as on date, there is no suit pending before the Trial Court. Therefore, the interim order granted in the suit become merged with the suit. Hence, technically, the present appeal has become infructuous, as the plaint itself has been rejected by the Trial Court. __________

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CMA(MD) No. 1021 of 2022

6. Recording the above submissions, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA __________

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CMA(MD) No. 1021 of 2022 To

1. Additional District Court, Palani. Copy To : Section Officer ( VR Section ) Madurai Bench of Madras High Court __________

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CMA(MD) No. 1021 of 2022 DR.P.MURUGAN, J. MGA CMA(MD) No. 1021 of 2022 03-11-2026 __________

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