K.V.SUBRAMANIAM Vs. K.V.PURUSHOTHAMAN

JUDGEMENT

(1.) The fair and decreetal order passed in I.A.No.18 of 2016 in O.S.No.7103 of 2014 dtd. 2/3/2016 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellant is the plaintiff, who instituted the suit to declare the cancellation of settlement deed dtd. 15/9/2014 as null and void and for decree of partition and separate possession and for permanent injunction. Along with the suit in O.S No.7103 of 2014, the appellant filed an interlocutory application in I.A No.18 of 2016 for interim junction. The trial Court considered the grounds raised by the parties to the interlocutory application and declined to grant interim injunction Challenging the said order, the present Civil Miscellaneous Appeal is filed.

(3.) There is no interim injunction granted at the time of the admission of the present Civil Miscellaneous Appeal. The appeal is pending for the past about 4 years. The suit was instituted by the appellant on 11/12/2014 in O.S No.7103 of 2014. Thus, there is no interim injunction in the suit for the past about 6 years. Thus, granting of an interim injunction at this point of time is not preferable. Contrary, the parties to the suit can adjudicate the matter by producing documents and adducing evidence. On the ground of efflux of time, there is no interim injunction either in the suit or in the present appeal for the past about 6 years. The present appeal challenging the fair order passed in the interlocutory application is also pending without any interim order.