Ramachandran, v. Chinna Pongiyan

ORDER The appellant in A.S.No.31 of 2026 is the revision petitioner. The revision petitioner/plaintiff filed a suit in O.S.No.70 of 2018 praying to declare the decree obtained by the respondents/defendants in O.S.No.971 of 2017 as null and void since it is collusive in nature and it has been obtained fraudulently only in order to grab the property from the plaintiff. Thereafter, after coming to know about the fraudulent decree, the plaintiff immediately filed a suit in O.S.No.70 of 2018 stating that he purchased the property long back in the year 2006 and traced the title from his vendors in the year 1980. The said suit was dismissed, against which, the plaintiff preferred an appeal and during pendency of the suit, the plaintiff filed an application in I.A.No.477 of 2018 under Order 39 Rules 1 and 2 of Civil Procedure Code seeking for temporary injunction against the respondents not to alienate and encumber the suit properties till the disposal of the suit in O.S.No.70 of 2018. On hearing both sides, the trial court granted temporary injunction, wherein, the plaintiff has marked Exs.P.1 to P.20 and on the side of the defendants, no exhibit was examined. He was protected under the temporary injunction order. Challenging the finding in O.S.No.70 of 2018, the plaintiff filed an appeal and he also filed an application in I.A.No.1 of 2026 and sought for temporary injunction against the respondents not to alienate and encumber the suit properties till the disposal of the suit. In I.A.No.1 of 2026, inspite of the fact that he was protected by an interim injunction till the disposal of the suit, based on the documents submitted on his side, the trial Court on hearing the arguments, the trial court issued notice, which is under challenge in this revision.

¶2The first appellate court has not granted any temporary injunction but ordered only notice to the respondents. Therefore, the first appellate Court/ Principal Subordinate Court, Coimbatore is directed to dispose of I.A.Nos.1 and 2 of 2026 on hearing both sides within a period of six weeks from the date of receipt of a copy of this T.V.THAMILSELVI.,J sr order. Till then, there shall be an order of temporary injunction restraining the defendants not to make any alienation or encumbrance over the suit property.

¶3With the above direction, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

08.04.2026 sr Index:yes/no Website:yes/no Speaking OrderNon-speaking order To The I Additional Subordinate Court, Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2045 of 2026 and CMP No.9081 of 2026 1. Ramachandran, S/o. Sivasamy, Kotta Thottam, Nallagoundenpalayam, Kaduvettipalayam Village, Sulur Taluk. Petitioner(s) Vs 1. Chinna Pongiyan S/o.Nanjamuthu, 4/48, Anaipallipudur, Pellepalyam, Metupalayam Taluk. 2.Chinnasamy (exonerated) S/o. Nanjamuthu, 12/225, Mill Medu, Ukkaram Village, Sathiyamanagalam Taluk 3.Mylathal, W/o.Periya Pongivan, 4/40, Anaipallipudur, Pellepalyam, Metupalayam Taluk 4.Saraswathi, D/o.Mylathal, W/o.late, Velusamy, 4/40, Anaipallipudur, Pellepalyam, Metupalayam Taluk. 5.Poongodi D/o.Mylathal, W/o.Samynathan, 4/40, Anaipallipudur, Pellepalyam, Metupalayam Taluk. Ramasamy(Died) 6.Velathal W/o.Ayyamuthu, Aathikattai Mariathal Koil forest Kuppanoor village, Annur Taluk. 7.Balan S/o.late. Palanisamy, 5/440, Kuttai Pudur, Thekkampatti village, Mettupalayam Taluk. 8.Palaniammal W/o.late.Shanmugam, 4/3, Anaipallipudur, Pellepalyam, Metupalayam Taluk. 9.Kumaresh S/o.late.Shanmugam, 4/3, Anaipallipudur, Pellepalyam, Mettupalayam Taluk. 10.Pasupathi S/o.late.Shanmugam, 4/3, Anaipallipudur, Pellepalyam, Metuppalayam Taluk 11.Divya D/o.late.Shanmugam, 4/3, Anaipallipudur, Pelle Palayam, Metuppalayam Taluk 12.Velliangiri S/o. Late Palansamy, 4/3, Anaipallipudur, Pellepalyam, Metupalayam Taluk. 13.Kalamani, W/o. Palanisamy, 212, Azhageypalayam, Kuppannor Village, Annur Taluk. 14.Sumathi W/o. Ravichandran, 399, Kuliyoor, Kuppannor Village, Annur Taluk. 15.Iyyappan S/o. Ramasamy, 399, Kuliyoor, Kuppannor Village, Annur Taluk. 16.Natarajan S/o. Ramasamy, 399, Kuliyoor, Kuppannor Village, Annur Taluk 17.Nachammal W/o. Late. Sadayappan, 4/118, Anaipallipudur, Pellepalyam, Metupalayam Taluk. Palanisamy (DIED). 18.Poovathal W/o. late. Velmurugan, 4/29, Anaipallipudur, Pellepalyam, Metupalayam Taluk 19.Kaliammal W/o. Ramasamy, 4/29, Anaipallipudur, Pellepalyam, Metupalayam Taluk. Kaliammal (DIED). Karuppasamy (DIED). 20.Arusamy S/o. Karuppausamy, 4/83, Kurukkiliyampalayam, Otterpalayam, Annur Taluk 21.Arunachalam S/o. Karuppusamy, Anaipallipudur, Pellepalayam, Mettupalayam Taluk. Natarajan (DIED) 22.Duraisamy S/o. Palanathal Karuppasamy, 31, Ambedkar Nagar, Athupalayam, Chettipalayam Village, Tiruppur Taluk. 23.Lakshmi D/o. Karupasamy, W/o Eswaran, 31, Ambedkar Nagar, Athupalayam, Chettipalayam Village, Tiruppur Taluk 24.Poovathal W/o. Perumal, Alankuttai, Kuppanoor Village, Annur Taluk. Ponnammal (DIED). 25.Mohanraj S/o. Ponnammal Molaiyappan, 46/394, Uthukulli Road, Mannarai Village, Tiruppur Taluk. Chinnamaran (DIED). Ramathal (DIED). 26.Balusamy S/o. Palaniappan, 4/7, Anaipallipudur, Pellepalayam Village, Mettupalayam Taluk. 27.Shanmugan S/o. Palaniappan, 4/7, Anaipallipudur, Pellepalayam Village, Mettupalayam Taluk. 28.Sundaram S/o. Palaniappan, 4/7, Anaipallipudur, Pellepalayam Village, Mettupalayam Taluk 29.Nanjammal W/o. Murugasamy, 1/222, Vellikuppampalayam, Pellepalayam Village, Mettupalayam Taluk. 30.Selvaraj S/o. Murugasamy, 1/222, Vellikuppampalayam, Pellepalayam Village Mettupalayam Taluk. 31.Palaniammal W/o. Late. Natarajan, 6, Anaipallipudur, Pellepalyam, Metupalayam Taluk 32.Vijaykumar S/o. Late. Natarajan, 6, Anaipallipudur, Pellepalyam, Metupalayam Taluk 33.Jayaprakash S/o. Late. Natarajan, 6, Anaipallipudur, Pellepalyam, Metupalayam Taluk 34.Jayamani W/o. Rangasamy, 116B, Nainampalayam, Karuvaloor Village, Avinashi Taluk 35.Subramani S/o. Late. Karuppathal Aran, 4/30A, Anaipallipudur, Pellepalayam village, Mettupalayam Taluk. 36.Velusamy S/o. Late. Karuppathal Aaran, 4/30A, Anaipallipudur, Pellepalayam Village, Mettupalayam Taluk 37.Kumar S/o. Late. Karuppathal Aaran, 4/30A, Anaipallipudur, Pellepalyam Village, Metupalayam Taluk 38.Poovathal W/o. Samynathan, 638, Naranapuram, Kunnathoor Village, Annur Taluk. Ayyasamy (DIED). 39.Palanisamy S/o. China Karuppan, 157, Kattampatty Village, Sulur Taluk. Maral (Mentally retarded guardian his son Kumar) (DI