SASI KUMAR Vs. MADHU @ MANOKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the fair and decreetal order dated 20.12.2017 in I.A.No.133 of 2017 in O.S.No.47 of 2013 passed by the Additional District Judge, Dharmapuri.

(2.) In a suit for partition and injunction to restrain the defendants from alienating the property, the plaintiffs filed an application in I.A.No.133 of 2017 in O.S.No.47 of 2013 for injunction pending trial. The trial Court has also based on report filed by the Advocate Commissioner, granted the order of interim injunction from continuing the construction activities by the respondents therein. Aggrieved over the interim injunction granted by the trial Court dated 20.12017, the appellant/27th defendant has come before this Court with this Civil Miscellaneous Appeal.

(3.) The learned counsel for the respondents would submit that the trial Court has granted injunction to restrain defendants 16 to 29 from putting up further construction on 20.12.2017. Despite that order, they have continued the construction activities. Therefore, a Contempt Petition was filed before this Court for disobedience of the order passed by the Trial Court. During the pendency of the Contempt Petition, the appellant has approached this Court. Therefore, this Civil Miscellaneous Appeal is sought to be dismissed.