C.R.P.(PD).No.1752 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA

C.R.P.(PD).No.1752 of 2022

A.Sandhya

... Petitioner

Vs.

1.M/s.Aishwarya Properties Private Limited

Rep. by its Director S.Sridharan

NewryGrandeur. No.19[Old No.11]

B Block, 2^nd Avenue, Anna Nagar East,

Chennai – 600 102.

2.M/s.Newry Celestial Apartment Owners Welfare Association,

Rep. by its General Secretary Mahadevanthangaraj

Flat No.802, A-Block, Newry Celestial Apartments,

Poonamallee Avadi Main Road, Paruthipattur,

Avadi, Chennai – 600 071.

... Respondents

PRAYER : Civil Revision Petition is filed under Article 227 of the

Constitution of India, to call for the records of the lower Courts, set aside

order and decreetal order dated 26.08.2021 passed in CMA.No.8 of 2019 on

the file of the Subordinate Judge, Poonamallee, confirming the order and

decreetal order dated 06.08.2019 passed in I.A.No.1113 of 2018 in

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https://www.mhc.tn.gov.in/judis

C.R.P.(PD).No.1752 of 2022

O.S.No.479 of 2018 on the file of the Principal District Munsif Court,

Poonamalle and allowing this Civil Revision Petition.

For Petitioner

: Mr.M.Silambarasan

**********

O R D E R

This Civil Revision Petition has been preferred challenging the order of

the learned Subordinate Judge, Poonamallee dated 26.08.2021 made in

C.M.A.No.8 of 2019.

2. The petitioner is the plaintiff in the suit in O.S.No.479 of 2018 and

he has filed the suit for the relief of declaration that the election result

declared on 09.05.2018 at the suit apartment as null and void and not valid in

the eye of law and other consequential relief of permanent injunction.

Pending suit petition in I.A.No.1113 of 2018 was filed for appointment of

Receiver to conduct election in a fair and proper manner and the same was

dismissed. The Civil Miscellaneous Appeal filed challenging the said order

and that was also dismissed on 26.08.2021. Now this Civil Revision Petition

is preferred challenging the said order passed in the Civil Miscellaneous

Appeal.

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C.R.P.(PD).No.1752 of 2022

3. The learned counsel for the petitioner submitted that without

appointment of the Receiver the election cannot be done in a fair and proper

manner and in accordance with bye-law.

4. But it is seen that the prayer in the plaint itself is to declare the earlier

election and its result as null and void and also for seeking permanent

injunction restraining the elected representatives from executing their

functions and also to hand over the funds. If a Receiver is appointed for

conducting fresh election and to elect new members that would amount to

giving the suit prayer itself. An interim order cannot be granted like a

permanent relief in the guise of passing an order in an interlocutory

application.

5. Further it is reliably learnt that the earlier representatives, whose

election was challenged in the suit have resigned their post and handed over

the corpus to the petitioner herein. In such case, nothing survives in the suit

and the suit itself will loose its value. Under such circumstances the interim

prayer now sought by the petitioner for appointment of Receiver need not be

granted. Hence, I find no reason to interfere with the order passed by the

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C.R.P.(PD).No.1752 of 2022

R.N.MANJULA, J

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learned Subordinate Judge, Poonamalle confirming the order passed by the

Principal District Munsif, Poonamalle.

6. Accordingly, this Civil Revision Petition is dismissed and the order

passed by the learned Subordinate Judge, Poonamalle confirming the order

passed by the Principal District Munsif, Poonamalle is confirmed. No costs.

Consequently, the connected Civil Miscellaneous Petition is closed.

15.06.2022

Index: Yes/No

Speaking / Non Speaking Order

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