C.R.P. Nos. 129, 130 & 132 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

C.R.P.Nos. 129, 130 & 132 of 2023

R. Krishnamoorthy,

S/o. Ramasamy

... Petitioner in

all C.R.P.s

Versus

1 M/s. Century Leathers Pvt Ltd

Rep. By Its Directors

2 Avtar Singh

S/o. Jiwand Singh

3 Harkirat Singh

S/o. Avtar Singh

4 Ripudaman Bindra

D/o. Avtar Singh

5 Simmi Singh

W/o. Harkirat Singh

6 Govind Preet Bindra

S/o. Lakhjit Singh Bindra

1/15

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

C.R.P. Nos. 129, 130 & 132 of 2023

7 HDFC Bank Ltd

Rep. By Its Branch Manager

D.No.2212 Gali No. 64-65,

J Block, Gurudwara Road,

Karol Bagh, New Delhi - 110005.

.. Respondents in

all C.R.P.s

PRAYER in C.R.P.No.129 of 2023 :Civil Revision Petition is filed under

Art. 227 of Constitution of India, praying to set aside the impugned order

dated 09.12.2022 passed in I.A.No.80 of 2018 in O.S.No.27 of 2018 on the

file of the learned Principal Subordinate Judge, Chengalpattu.

PRAYER in C.R.P.No.130 of 2023 :Civil Revision Petition is filed under

Art. 227 of Constitution of India, praying to set aside the impugned order

dated 09.12.2022 passed in I.A.No.79 of 2018 in O.S.No.27 of 2018 on the

file of the learned Principal Subordinate Judge, Chengalpattu.

PRAYER in C.R.P.No.132 of 2023 :Civil Revision Petition is filed under

Art. 227 of Constitution of India, praying to set aside the impugned order

dated 09.12.2022 passed in I.A.No.78 of 2018 in O.S.No.27 of 2018 on the

file of the learned Principal Subordinate Judge, Chengalpattu.

2/15

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

C.R.P. Nos. 129, 130 & 132 of 2023

For Petitioner in

in all C.R.P.s

:

Mr.Om Prakash,

Senior Advocate

Asst. by Mr.P.Ilayaraj Kumar

For 1^st Respondent

:

Mr.S.Parthasarathy

Senior Advocate

C O M M O N O R D E R

The Revision Petitioner herein is the plaintiff and he filed a suit in

O.S.No.27 of 2018 on the file of learned Principal Sub-Judge, Chenglepet

against the respondents/defendants for the relief of permanent injunction

directing the defendants not to alienate or encumber the suit schedule

property in adverse to the interest of plaintiff as per the Memorandum of

Understanding and letter dated 14.02.2015 and for granting mandatory

direction directing the defendants 1 to 6 to produce and hand over the

custody of original Memorandum of Understanding lying in the joint

custody in the safety locker of the 7^th defendant Bank.

2. For the sake of convenience, the parties are referred as per the

ranking in the suit.

3/15

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

C.R.P. Nos. 129, 130 & 132 of 2023

3. During the pendency of the suit, the plaintiff filed the Interlocutary

Applications as follows :-

a) I.A.Nos. 78 of 2018 was filed seeking to appoint an advocate

commissioner to inspect the suit property and note down the physical

features, measure the same with the help of Taluk Surveyor and file a report.

b) I.A.No.79 of 2018 was filed under Order 2 Rule 2 of C.P.C. to

grant leave to the plaintiff to file a separate suit for the reliefs other than

those prayed for in the present suit.

c) I.A.No. 80 of 2018 was filed under Order 26 Rule 9 of C.P.C. to

appoint an advocate commissioner to visit the office of 7^th defendant to

inspect the joint locker of petitioner and 2^nd respondent for the purpose of

inspection of original Memorandum of Understanding in the presence of

parties, take copy of the same and produce before this court

d) Another I.A.No.80 of 2018 was filed under Order 39 Rule 1 r/w

Sec.151 of C.P.C. to pass an order of interim injunction not to encumber the

property.

4/15

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

C.R.P. Nos. 129, 130 & 132 of 2023

e) I.A.No. 2 of 2022 in I.A.No.81 of 2018 was filed under Order 7

Rule 14 (3) of C.P.C. to permit him to file