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B. PUGALENDHI
Ramasamy – Appellant
Versus
Nagajothi – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records of the fair and decreetal order dated 08.10.2021 made in I.A.No.2 of 2021 in O.S.No.57 of 2021 on the file of the Principal District Munsif Court, Aruppukottai, and set aside the same.)
1. As against the fair and decreetal order dated 08.10.2021, passed by the learned Principal District Munsif, Aruppukottai, in I.A.No.2 of 2021 in O.S.No.57 of 2021, the petitioners / defendants 9 & 10 filed this revision petition.
2. The respondents 1 to 3, as plaintiffs, have filed the suit in O.S.No.57 of 2021 for partition, permanent injunction and also for a declaration with regard to the sale deeds executed by some of the parties in favour of the defendants 5 to 13. The petitioners, who are arrayed as defendants 9 & 10, are some of the purchasers. The plaintiffs, pending the suit, have taken out an application under Order 39 Rules 1 & 2 CPC for injunction and the trial Court has considered the grounds raised therein and held that they are not entitled for an order of interim injunction, however, has granted an order of status-quo. Hence, the present civil revision petition.
3. Lea
Grant of status-quo to avoid multiplicity of proceedings and the direction for expedited proceedings in the main suit.
Partition proceedings cannot be halted when the suit land is shown to be joint between the parties according to the revenue record.
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