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Madras High CourtOA/85/2024dismissed

J Maravarman v. P Chandrasekaran

2024-10-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Original Application No.85 of 2024 J.Maravarman ..

Applicant -vsP.Chandrasekaran ..

Respondent Application under Order XIV, Rule 8 of Original Side Rules read with Section 9 (ii)(d)(e) of Arbitration and Conciliation Act, 1996, has been filed seeking to restrain the respondent from interfering with the peaceful possession and enjoyment of the premises in Door No.14, being part of Plot No.13 and 14, next to TSR & Co., Mount Poonamallee Road, Mugalivakkam, Chennai-125, pending disposal of the application. For Petitioner : Mr.A.V.Arun For Respondent : Mr.A.J.Mohamed Kassim for Mrs.G.Sumathi 1/4

ORDER

Application has been filed for injunction restraining the respondent from interfering with the peaceful possession and enjoyment of the premises in Door No.14, being part of Plot Nos.13 and 14, next to TSR & Co., Mount Poonamallee Road, Mugalivakkam, Chennai-125.

2. The applicant has entered into a lease agreement dated 19.02.2020 with the respondent for the subject property. Thereafter, both of them mutually agreed to enter into a Deed of Partnership and they have also agreed to divide the share into 40:60 ratio. However, there seems to be a dispute in this regard between the parties. Therefore, the applicant filed this application seeking interim injunction.

3. The learned counsel for the respondent would submit that after the expiry of the lease period, the possession of the property is not with the applicant and after the lease period, the respondent has entered into another lease agreement with Madras Talkies, who is now in possession and enjoyment of the subject property. He has also produced a copy of the said lease agreement.

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4. In view of the above, this Court finds no case to grant interim injunction sought for by the applicant as the subject property itself is now in possession of Madras Talkies. On this count, this application is dismissed.

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G.K.ILANTHIRAIYAN, J.

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