R. KRISHNAMURTHY Vs. S. SANGEETHA

JUDGEMENT

(1.) This appeal arises from the order passed by learned Single Judge dtd. 31/8/2021 in A.No.1178 of 2021 in C.S.No.106 of 2021.

(2.) We have heard learned advocate for the appellants (original defendant Nos. 1 to 3) and learned advocate for respondents (original plaintiffs).

(3.) Learned advocate for the appellants has submitted that directions given by learned Single Judge on an interim application are erroneous on more than one count, since the relief sought in the main suit and in the interim application were essentially identical. The pleadings in both were also the same. Issues are not framed and the burden to disprove the case of the plaintiffs was shifted to the defendants which led to the impugned order. Learned advocate for the appellants has extensively taken this Court through the plaint, interim application on which the impugned order is passed and the reasons recorded in the impugned order and has submitted that what could not be done even after full fledged trial is ordered by the impugned order.Attention of the Court is invited to serious disputes between the plaintiffs and defendants who are close family members (two branches of one tree), the period of the transaction which is the basis in the suit, other disputes / litigations between these two branches and has submitted that the impugned order be interfered with.