Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE
J.Krishna Kumar Mundhra – Appellant
Versus
J.Shyamdev Mudhra – Respondent
| Table of Content |
|---|
| 1. factual context of the property dispute. (Para 1 , 2) |
| 2. court's analysis of jurisdiction and maintainability. (Para 3 , 5 , 10 , 11 , 12 , 13 , 14) |
| 3. ratio decidendi on the handling of vacation court appeals. (Para 6) |
| 4. arguments regarding maintainability of appeals. (Para 7 , 8 , 9) |
| 5. conclusion directing transfer of appeals. (Para 16) |
JUDGMENT :
N. SESHASAYEE, J.
The appellant in both the appeals is the younger brother of the respondent herein. He now challenges an order passed by the V Assistant City Civil Court dismissing I.A. No.5 of 2023 in O.S. No.3295 of 2023, which he had filed for vacating the order of ex-parte injunction granted in I.A. No.3 of 2023.
2. The brief facts which are necessary for the current purpose, may be stated as below:
a) The suit property herein is a residential house in a plot measuring 2784.75 sq.ft. This property is stated to be part of a larger plot measuring more than 10,000 sq.ft. Claiming that the plaintiff is in possession of the said property, he had laid the present suit for bare injunction. The suit was laid on 03.05.2023 before the vacation court. Along with the suit, the plaintiff took out an interlocutory application in I.A.
The High Court can entertain appeals from vacation court orders during recess under exceptional circumstances, provided it transfers such appeals to the appropriate court once regular operations resu....
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
The appellate court found the Trial Court's vacation of the interim injunction unjustified, emphasizing the importance of maintaining status quo in ongoing litigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
