IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
P.Karthikeyan – Appellant
Versus
Jayammal – Respondent
CRP No. 2839 of 2026 | CMP No. 11592 of 2026
CRP No. 2839 of 2026 To set aside the Docket Order dated 03.11.2025 passed in I.A.No.8 of 2025 in I.A.No.6 of 2025 in O.S.No.165 of 2025 on the file of the learned Principal District Judge, Namakkal, and grant such further reliefs including interim injunction as this Honble Court may deem fit.
CMP No. 11592 of 2026 To grant an interim injunction restraining Respondents 1 to 7, their men, agents, servants, or any person claiming through or under them, from in any manner interfering with the petitioners peaceful possession and enjoyment of the suit property or from putting up any construction thereon, so as to preserve the subject matter of the suit in O.S.No.165/2025 on the file of Principal District Judge, Namakkal, pending disposal of the Civil Revision Petition and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case. Description of Property, Item Nos. 1 and 2.
For Petitioner(s): Mr.Dhuruva For Mr.M.Jaurudeen For Respondent(s):
ORDER
This Civil Revision Petition has been filed to set aside the Docket Order dated 03.11.2025 passed in I.A.No.8 of 2025 in I.A.No.6 of 2025 in O.S.No.165 of 2025 on the file of the learned Principal District Judge, Namakkal.
2.The learned counsel for the petitioner would submit that as the petitioner was involved in O.S. No.14 of 2021 on the file of the First Additional District Court, Namakkal, he had been impleaded as defendant by filing of I.A. No.5 of 2021 for the relief of counter claim. Thereafter, he filed CRP No.1932 of 2024 before this Court, seeking for direction to the Trial Court to fix time schedule to dispose of the aforesaid suit, wherein this Court directed to dispose of the main suit within a period of six months. However, the suit was withdrawn by the plaintiff. Hence, the petitioner filed another revision in CRP Sr No.107781 of 2021 seeking to reopen the aforesaid suit. This Court by order dated 10.01.2025 dismissed the same and granted liberty to file an independent suit to prove his right over the property.
3.It has been further submitted that pursuant to the order dated
10.01.2025 passed by this Court in CRP Sr.No.107781 of 2021, the petitioner has filed the suit in O.S. No.165 of 2025 on the file of the Principal District Judge, Namakkal seeking for declaration and injunction against the defendants where the respondents/defendants are adopting delaying tactics by repeatedly seeking adjournments, preventing the framing of issues and the progress of trial. Hence, the petitioner has filed CRP No.3262 of 2025 before this Court seeking time bound to dispose of the aforesaid main suit wherein this Court by order dated 07.08.2025 directed the Trial Court to dispose of the aforesaid main suit on or before 31.07.2026. Under such circumstances, the petitioner has filed I.A. No.6 of 2025 seeking an interim injunction against the defendant/respondents herein. Since the aforesaid application has not been disposed of for long period, the petitioner has filed CRP No.4853 of 2025 before this Court wherein this Court by order dated 10.10.2025 directed the Trial Court to dispose of the aforesaid application as expeditiously as possible.
4. The learned counsel for the petitioner would further submit that in view of the order dated 10.10.2025 passed by this Court in CRP No.4853 of 2025, the petitioner has filed IA No.8 of 2025 before the Trial Court seeking early hearing of IA No.6 of 2025 for disposal. However, the Trial Court has dismissed the same as “infructuous” by Docket order dated 03.11.2025. When the main interim injunction application is pending before the Trial Court, the emergent petition in IA No.8 of 2025 cannot be treated as infructuous. Hence he seeks to set aside the Docket order dated 03.11.2025 in I.A. No.8 of 2025 passed by the Trial Court.
5.On perusal of the records, it is seen that the petitioner has filed various Civil Revision petitions before this Court from the earlier suit in O.S. No.14 of 2021 to later suit in
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