VIDHYALAKSHMI vs NACHIMUTHU

Court
Madras High Court

CMA(MD) No. 1021 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03-11-2026
CORAM
THE HON'BLE DR.JUSTICE P.MURUGAN
CMA(MD) No. 1021 of 2022
and
CMP(MD)No.10102 of 2022
CNR:{HCMD011050572022}
1. Vidhyalakshmi
W/o.N.Rajasekaran,
Door No.8, Race Course Road,
Palakrishnapuram,
Dindigul East,
Dindigul.
2. N.Rajasekaran
S/o.Narayanan,
Door No.8, Race Course Road,
Palakrishnapuram,
Dindigul East,
Dindigul.
3. Pandiyammal
W/o.Sasikumar,
Door No.2/310, Chinnaiyapuram,
District Collector Office Post,
Chettinayakkan Patti,
Dindigul West,
Dindigul.
4. Sasikumar
S/o.Jeyaraj,
Door No.2/310, Chinnaiyapuram,
District Collector Office Post,
Chettinayakkan Patti,
Dindigul West,
Dindigul.
5. Yukdesh Private Limited
Represented its Director N.Rajasekaran,
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CMA(MD) No. 1021 of 2022
Door No.4C/4, Round Road,
Door No.2/310, Chinnaiyapuram,
Dheivasikamanipuram,
Palakrishnapuram,
Dindigul East,
Dindigul.
..Petitioner(s)
Vs
1. Nachimuthu
S/o.Natchimuthu Gounder,
Ambiyampatti Road,
Ambiyampatti Village and Post,
Ottanchatram,
Dindigul.
2. P.Sakthivel
S/o.Periya Gownder,
Neelamalaikottai Village and Post,
Attur Taluk,
Dindigul.
3. S.Periyanayaki
W/o.P.Sakthivel,
Neelamalaikottai Village and Post,
Attur Taluk,
Dindigul.
4. Subba Naidu
S/o.Perumalsamy Naidu,
Obulapuram,
Ayakkudi Village,
Palani Taluk,
Dindigul.
5. Yuvaraj
S/o.Radhakrishnan,
door No.8, main Road,
Anna Nagar,
Nelli Thoppu,
Puduchery State.
..Respondent(s)
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CMA(MD) No. 1021 of 2022
PRAYER: Civil Miscellaneous Petition filed under Order 43 RULE 1(r)
OF Civil Procedure Code, to set aside the impugned order in
I.A.No.178/2022 in O.S.No.339/2022 on the file of Additional District
Court, Palani dated 28-09-2022.
For Petitioner(s) :Mr.P.Saravanakumar
For Respondent(s) :Mr.S.R.Suresh Kumar
for R.1 to R.3
No Appearance for R.4 & R.5
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
impugned order passed in I.A. No. 178 of 2022 in O.S. No. 339 of 2022
on the file of the Additional District Court, Palani, dated 28.09.2022.
2. The defendants in O.S. No. 339 of 2022 are before this Court by
way of the present appeal. The plaintiffs therein filed a suit for
declaration and permanent injunction. Pending the suit, the plaintiffs filed
an interim application in I.A.No.178 of 2022 seeking an interim
injunction restraining the defendants from alienating the suit property till
the disposal of the suit. The said application was allowed after contest.
Aggrieved by the said order, the defendants have filed the present CMA.
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CMA(MD) No. 1021 of 2022
3.Today, when the matter was taken up for hearing, the learned
counsel for the appellants submitted that, as per the instructions received
from the appellants, the appeal has become infructuous. Therefore, he
submitted that the appeal may be dismissed as infructuous.
4.The learned counsel for the respondents, who are the plaintiffs
before the Trial Court, submitted that the defendants therein had
approached this Court by filing a CRP under Article 227 of the
Constitution of India, seeking rejection of the plaint, and the same was
allowed. Consequently, the plaint was rejected by the Trial Court.
However, the plaintiffs therein filed an SLP before the Hon'ble Supreme
Court, which is pending consideration.
5.In view of the above circumstances, as on date, there is no suit
pending before the Trial Court. Therefore, the interim order granted in
the suit become merged with the suit. Hence, technically, the present
appeal has become infructuous, as the plaint itself has been rejected by
the Trial Court.
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CMA(MD) No. 1021 of 2022
6.Recording the above submissions, this Civil Miscellaneous
Appeal is dismissed as infructuous. No costs. Consequently, connected
miscellaneous petition is closed.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MGA
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CMA(MD) No. 1021 of 2022
To
1. Additional District Court, Palani.
Copy To :
Section Officer ( VR Section )
Madurai Bench of Madras High Court
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CMA(MD) No. 1021 of 2022
DR.P.MURUGAN, J.
MGA
CMA(MD) No. 1021 of 2022
03-11-2026
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