KUMAR Vs. SANJAY AGARWAL

JUDGEMENT

(1.) THE Civil revision petitioner/first respondent/first plaintiff has filed this present civil revision petition as against the Judgment dated 18.02.2008 in C.M.A. No. 3 of 2006 passed by the Sub Judge, Hosur in allowing the civil miscellaneous appeal filed by R1 to R4 herein (R7 to R10). Before the trial Court namely the District Munsif Court, Hosur, the revision petitioner/first plaintiff has filed I.A. No. 45 of 2006 praying for the relief of interim injunction under Order 39 Rule 1 of C.P.C. and after contest in the interlocutory application, both the petitioner and the respondents 1 to 6 therein have been ordered to maintain status quo till the disposal of the suit and to avoid multiplicity of proceedings granted stay restraining both the parties from alienating the suit property among themselves or in favour of third parties and resultantly allowed the application without costs.

(2.) THE trial Court while ordering the parties to maintain status quo has inter alia observed that on the strength of the agreement of sale Ex.A1 under part performance of contract, R7 claims to be in possession of the property, etc.,

(3.) IN view of the fact that the main suit itself in regard to the relief of permanent injunction and since the interim relief prayed for in I.A.No.45 of 2006 also is with regard to the relief of temporary injunction, this Court is of the considered view that the prayer in the main suit and the relief sought for in I.A.No.45 of 2006 are one and the same and since the third defendant has filed his written statement before the trial court, which has been adopted by the defendants 1, 2 and 4 to 6 and further in view of the fact that the written statement filed by D10 has been adopted by the defendants 7 to 9 wherein the plaintiffs claim has been disputed by the defendants, this Court is of the considered view that the parties are at liberty to thrash out all the disputes/controversies in the conduct of the main suit and in that view of the matter, this Court without expressing any opinion disposes of the civil revision petition with a direction to the trial court to dispose of the main suit within a period of three months from the date of receipt of a copy of this order.