C.M.A.(MD).No.843 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

C.M.A.(MD).No.843 of 2021

and

C.M.P.(MD).No.7807 of 2021

1.Vanchimuthu

2.Sakthivel

... Appellants

Vs.

1.Chellammal

2.Muthusamy

3.Selvakumar

4.Priya

5.The Sub Registrar,

Sub Registrar Office,

Ottanchattiram,

Dindigul District.

... Respondents

PRAYER: The Civil Miscellaneous Appeal is filed under Order 43 Rule 1R of

the Civil Procedure Code, against the fair and decreetal order dated 26.04.2021

in I.A.No.118 of 2020 in O.S.No.213 of 2020 on the file of the Additional

District Judge, Palani (Fast Track Court).

For Appellants

: Mr.H.Lakshmi Shankar

For R1

: Mr.M.Joseph Thathens Jerome

For R2 to R5

: No appearance

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C.M.A.(MD).No.843 of 2021

J U D G M E N T

This appeal has been filed challenging the order of the trial Court

granting ad-interim injunction directing the defendants not to alienate the suit

property.

2. The facts of the case, which are necessary to dispose of the appeal, are

as follows:

(i) One Chellammal has owned the suit property on the basis of the

settlement said to have been executed by her husband on 03.11.1999. On the

basis of the said settlement deed, it appears that she has executed a settlement

in favour of her grandson viz., one Selvakumar. Thereafter, both the settler and

the settle filed the suit in O.S.No.4 of 2013 on the file of District Munsif Court,

Oddanchatram for declaration of title in favour of the settle. The said suit was

decreed on 11.08.2014. During the pendency of the above said suit, one of the

daughter of Chellammal viz., Mayilathal has filed a suit in O.S.No.11 of 2013

on the file of Sub Court, Palani claiming share in the property, on the ground

that the properties are ancestral properties, wherein the said Chellamal / her

mother also a party defendant. However, in the said suit, the said Chellammal

remained ex-parte. After the decree passed in O.S.No.11 of 2013, yet another

suit also filed by granddaughter of Chellammal in O.S.No.410 of 2014 on the

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C.M.A.(MD).No.843 of 2021

file of Sub Court, Palani. Now, it appears that the suit in O.S.Nos.11 of 2013

and 410 of 2014 are transferred to Oddanchatram and pending on the file of

Sub Court, Oddanchatram. The granddaughter also claimed the share in the

property on the ground that it is an ancestral nature and the grand father has no

right to settle the property in favour of grand mother and the above suits are

pending. After that, in the year 2020, the original settler Chellammal filed the

suit in O.S.No.213 of 2020 to declare the decree and judgment passed in

O.S.No.4 of 2013 as null and void, on the ground that she never executed the

settlement deed and the same has been obtained by fraudulently.

(ii) In the mean while, the grandson, who said to have become the owner

of the property, on the basis of the settlement deed executed by Chellammal,

has dealt with the property and executed a settlement in favour of his wife on

29.04.2013. Thereafter, she has dealt with the property and the appellants have

purchased the property on 27.02.2020. During the pendency of the suit, in the

suit filed by Chellammal to declare the judgment and decree of the suit in

O.S.No.4 of 2013 is null and void, an application in I.A.No.118 of 2020 has

been filed for ad - interim injunction restraining the appellants not to alienate

the property and the said application is ordered. Challenging the same, the

present appeal came to be filed.

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C.M.A.(MD).No.843 of 2021

3. The learned counsel appearing for the appellants has placed various

documents and also argued about the conduct of the family members, whereas

the learned counsel appearing for the respondents vehemently contended that

the original settlement deed itself is not execut