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Madras High CourtCRP/165/2014closed

The Tamilnadu Agricultural v. C.K.Mohammed Ali

2020-11-06Honourable Mr Justice P. Rajamanickam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM C.R.P(PD).No.165 of 2014 and M.P.Nos.1 to 3 of 2014

1. The Tamilnadu Agricultural University Maruthamalai Road, Coimbatore, Rep.by its Comptroller

2. The Vice Chancellor, Tamilnadu Agricultural University Maruthamalai Road, Coimbatore.

3. The Superintending Engineer & Estate Officer, The Tamilnadu Agricultural University Maruthamalai Road, Coimbatore.

... Petitioners Vs.

C.K.Mohammed Ali ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India, against the fair and decretal order dated 10.01.2014 passed in I.A.No.1358 of 2013 in O.S.No.984 of 2011 on the file of the learned III Additional District Munsif, Coimbatore.

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For Petitioners : Mr.Abdul Saleem For Respondent : Mr.N.Manokaran

ORDER

Both Sides Counsel appeared through Video Conferencing.

2. This Civil Revision Petition has been filed by the respondents against the order passed in I.A.No.1358 of 2013 in I.A.No.1076 of 2011 in O.S.No.984 of 2011 on the file of the III Additional District Munsif, Coimbatore dated 10.01.2014.

3. The respondent herein had filed a suit in O.S.No.984 of 2011 on the file of the I Additional District Munsif, Coimbatore against the petitioners herein to grant permanent injunction restraining them from disturbing his peaceful possession and enjoyment of the suit property except under due process of law. He also filed an application in I.A.No.1076 of 2011 seeking interim injunction till the disposal of the suit. The learned District Munsif on 09.06.2011 had passed an order to maintain Status Quo till 21.06.2011. Subsequently, on 07.08.2013, the 2/5

third Additional District Munsif had passed an order that since no representation for the petitioner, interim order is not extended. Thereafter, the petitioners herein took the possession of the suit property. Thereafter, the respondent had filed an application in I.A.No.1358 of 2013 to restore the possession of the suit property to him. The learned District Munsif by the order dated 10.01.2014 had allowed the said application and directed the petitioners herein to restore the possession to the respondent herein. Feeling aggrieved, the petitioners herein have filed the present Civil Revision Petition.

4. This Court by the Order dated 15.03.2018 has dismissed this Civil Revision Petition and directed the petitioners herein to hand over the possession to the respondent on or before 04.04.2018 and post the matter for reporting compliance on 05.04.2018 and also imposed a cost of Rs.50,000/-. Feeling aggrieved, the petitioners herein have filed Civil Appeal No.11712 of 2018 (SLP (Civil) No.7979 / 2018) before the Hon'ble Supreme Court. The Hon'ble Supreme Court by the order dated 30.11.2018 has allowed the said appeal and set aside the order passed by this Court in this Civil Revision Petition and also observed that it will be open for the respondent to pursue his suit, if amended to include a money 3/5

claim in future. Hence, this Civil Revision Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. 06.11.2020 Vv Index :Yes/No Internet : Yes/No To The III Additional District Munsif, Coimbatore. 4/5

P.RAJAMANICKAM.J., Vv C.R.P(PD).No.165 of 2014 and M.P.Nos.1 to 3 of 2014 06.11.2020 5/5