R. Venkatesh Rao vs N. Kaliyan
- Court
- Madras High Court
2026:MHC:4305
C.R.P. No.3427 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
C.R.P. NO. 3427 OF 2023
{C.N.R. No.HCMA011207322023}
AND
C.M.P. NO. 21261 OF 2023
1. R. Venkatesh Rao
S/o R.Ramamoorthy,
Residing at 1/148,
Senthamangalam Village,
Ulundurpet Taluk,
Villupuram District.
2. R.Jayakumar
S/o R.Ramamoorthy,
Residing at 1/148,
Senthamangalam Village,
Ulundurpet Taluk,
Villupuram District.
...Petitioners/
Petitioners/
Plaintiffs
-versus-
1. N. Kaliyan
S/o Narayasamy,
Residing at Deviyananthal Village,
Ulundurpet Taluk, Villupuram District.
2. K.Ramu
S/o Kaliyan,
Residing at Deviyananthal Village,
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C.R.P. No.3427 of 2023
Ulundurpet Taluk, Villupuram District.
3. K. Gandhi
S/o Kaliyan,
Residing at Deviyananthal Village,
Ulundurpet Taluk, Villupuram District.
4. K.Kannan
S/o Kaliyan,
Residing at Deviyananthal Village,
Ulundurpet Taluk, Villupuram District.
5. K. Babu
S/o Kaliyan,
Residing at Deviyananthal Village,
Ulundurpet Taluk, Villupuram District.
6. K.Duraimurugan
S/o Kaliyan,
Residing at Deviyananthal Village,
Ulundurpet Taluk, Villupuram District.
7. K. Muthulakshmi
W/o Kaliyan,
Residing at Deviyananthal Village,
Ulundurpet Taluk, Villupuram District.
...Respondents/
Respondents/
Defendants
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, 1950, praying to set aside the Order made in I.A.
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No.2 of 2022 in I.A. No.236 of 2019 in I.A. No.434 of 2018 in O.S. No.84
of 2018 on the file of the Additional District Munsif Court, Ulundurpet.
For Petitioners : Mr.K.Jenitha
For Respondent 1 to 7 : Ms. B.Ambika
O R D E R
This civil revision petition has been filed by the petitioner/plaintiff
under Article 227 of the Constitution of India, 1950, challenging the
dismissal order dated March 3, 2023 passed by 'the Additional District
Munsif Court, Ulundurpet' ['Trial Court' for short] in I.A. No.2 of 2022 in
I.A. No.236 of 2019 in I.A. No.434 of 2018 in O.S. No.84 of 2018.
2. The revision petitioners herein are the plaintiffs and the
respondents herein are the defendants in the Original Suit. For the sake of
convenience, the parties shall hereinafter be referred to as per their array in
the Original Suit.
3. The plaintiffs filed the Original Suit in O.S. No.84 of 2018
seeking permanent injunction before the Trial Court against the defendants.
Pending Suit, the plaintiffs filed an Interlocutory Application in I.A.
No.434 of 2018 seeking a temporary injunction under Order XXXIX Rules
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1 & 2 of 'the Code of Civil Procedure, 1908' ['C.P.C.' for short]. After
hearing both sides, the Trial Court allowed the Interlocutory Application
by its Order dated December 13, 2018. Aggrieved by the same, the first
defendant preferred a Civil Miscellaneous Appeal in C.M.A. No.1 of 2019
before the Sub Court, Ulundurpet. The learned Sub Judge, after hearing
both sides, dismissed the Civil Miscellaneous Appeal and confirmed the
Order of interim injunction passed by the Trial Court vide their Order dated
October 28, 2021.
4. Thereafter, according to the plaintiffs, the defendants harvested
the paddy crops cultivated by the plaintiffs in the suit properties and when
the plaintiffs questioned the same, the defendants attempted to attack the
plaintiffs with deadly weapons and thereby inter-alia violated the Order of
interim injunction. Hence, the plaintiffs filed another Interlocutory
Application in I.A. No.236 of 2019 in I.A. No.434 of 2018 under Order
XXXIX Rule 2A read with Section 151 of C.P.C. seeking to detain the
defendants in civil arrest and attach the harvested paddy crops to get
compliance on the interim injunction granted by the Trial Court. The same
is pending. In the meantime, the plaintiffs were forcefully dispossessed of
the suit property by the defendants on January 16, 2019 and hence, the
plaintiffs filed another Interlocutory application in I.A. No.2 of 2022 in
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I.A. No.236 of 2019 in I.A. No. 434 of 2018 in O.S. No.84 of 2018 seeking
police aid to enforce the Order of interim injunction granted in I.A. No.434
of 2018.
5. The defendants filed a counter affidavit in I.A. No.2 of 2022
stating that the plaintiffs were not in possession and enjoyment of the suit
property, on the other hand, it is the defendants who are in continuous
possession and enjoyment of the same.
6. After hearing both sides, the Trial Court held that the plaintiffs are
not entitled to seek police aid to enforce the Order of interim injunction.
Accordingly, it the Trial court dismissed the Interlocutory Application.
Aggrieved by the same, the plaintiffs have preferred the present Civil
Revision Petition.
7. The learned Counsel for the revision petitioners / plaintiffs
submits that the Trial Court granted a temporary injunction in I.A. No.434
of 2018 and the same was confirmed by the Sub Court, Ulundurpet, in
C.M.A. No.1 of 2019. Further submits that the defendant preferred a Civil
Revision Petition in C.R.P. No. 4374 of 2026, challenging the order passed
in C.M.A. No. 1 of 2019. This Court also confirmed the order passed in
C.M.A. No. 1 of 2019. Despite the same, the defendants, in a high-handed
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and unlawful manner, trespassed into the suit property and forcibly
dispossessed the plaintiffs. The defendants have thus wilfully and wantonly
disobeyed the Order of the Court, and such disobedience continues till
date. The Trial Court ought to have ensured that its Order is not violated.
Accordingly, the learned Counsel prays to allow this Civil Revision
Petition, set aside the Order passed by the Trial Court and allow I.A. No.2
of 2022.
8. Per contra , the learned Counsel for the respondents / defendants
would submit that the defendants are in possession and enjoyment of the
suit property. Though an Order of interim injunction was passed, the
defendants were already in possession and enjoyment of the suit property
even before the said Order was passed. Hence, the averment that the
plaintiffs were dispossessed during the pendency of the Suit is incorrect.
The Trial Court, after considering the entire facts and circumstances of the
case, rightly dismissed I.A.No.2 of 2022. Therefore, there is no warrant for
interference by this Court. Accordingly, the learned Counsel prays to
dismiss the Civil Revision Petition and sustain the Order passed by the
Trial Court in I.A. No.2 of 2022.
9. This Court has considered the submissions made by both sides
and perused the materials available on record.
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10. The plaintiffs obtained an Order of interim injunction in their
favour in I.A. No. 434 of 2018, wherein there is a specific finding that the
plaintiffs' are in possession of the suit property. The same was confirmed in
appeal by the Sub Court, Ulundurpet by its Order passed in C.M.A. No.1
of 2019. If really the defendants are in actual possession of the suit
property, they ought to have preferred an appeal over the Order passed in
C.M.A. No.1 of 2019 but they failed to do so. On the other hand, the first
defendant preferred a Civil Revision Petition in C.R.P. No. 4374 of 2026
before this Court, and the same was disposed of by order dated August 14,
2026, confirming the order dated October 28, 2021, passed by the learned
Subordinate Judge, Ulundurpet, in C.M.A. No. 1 of 2019. Hence, the Order
of interim injunction reached finality. In these circumstances, the
defendants cannot be permitted to reagitate the matter. In the eyes of law,
the plaintiffs are in possession of the suit property and they have in their
favour an interim injunction against the defendants. Defendants must obey
the Order of the Court. As the plaintiffs' have specifically stated that they
were dispossessed by use of force on January 16, 2019, they are entitled to
seek police aid to enforce the Order of interim injunction against the
defendants. Otherwise, it would set a bad precedent as the Court Order
would remain merely on paper. The Trial Court failed to appreciate the
above facts and erred in dismissing I.A.No.2 of 2022. This Court is
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inclined to set aside the Order of dismissal of the Trial Court passed in
I.A.No.2 of 2022 and allow the same.
11. Resultantly, Civil Revision Petition is allowed. The Order dated
March 3, 2023 passed in I.A.No.2 of 2022 by the Trial Court is set aside.
I.A.No.2 of 2022 is allowed. Jurisdictional police is directed to extend
police aid to enforce the Order of interim injunction passed by the Trial
Court in I.A. No. 434 of 2018 and restore the plaintiffs' possession of the
suit property. The Trial Court shall take necessary steps on its side for
enforcement of the above Order. In view of the facts and circumstances of
this case, there shall be no order as to costs and the parties are directed to
co-operate with the Trial Court for expeditious disposal of the Suit.
Consequently, connected Civil Miscellaneous Petition is closed.
26-10-2026
Index : Yes
Speaking order
Neutral Citation : Yes
JRS
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To:
The Additional District Court, Ulundurpet.
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C.R.P. No.3427 of 2023
R.SAKTHIVEL J.
JRS
C.R.P. NO.3427 OF 2023
AND
C.M.P. NO.21261 OF 2023
26 -10-2026
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