← Library
Madras High CourtCMP/5414/2018dismissed

D. Rangasamy v. Arulmigu Amman Temple

2023-12-21Honourable Mr Justice S. Sounthar2 pages

CMP.No.5414 of 2018 CMP.No.5414 of 2018 in SA.No.212 of 2018 S.SOUNTHAR,J.

This petition is filed seeking injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the suit property by the petitioner.

2. The respondents herein filed a suit for permanent injunction restraining the petitioner from interfering with the peaceful possession and enjoyment of the suit properties. They also sought for declaration of easement right over the suit item Nos.1 & 2. The suit had been decreed by the First Appellate Court. Challenging the said judgment and decree unsuccessful first defendant has preferred this Second Appeal. When the decree for permanent injunction is operating against the petitioner, he is not entitled to seek injunction against respondents, pending the Second Appeal.

1/2 https://www.mhc.tn.gov.in/judis

CMP.No.5414 of 2018 S.SOUNTHAR,J., dna

3. It is seen from the records, there has been no interim order in favour of the petitioner from 2018 onwards. Hence, this Civil Miscellaneous Petition is dismissed.

21.12.2023 (2/2) dna CMP.No.5414 of 2023 in SA.No.212 of 2018 2/2 https://www.mhc.tn.gov.in/judis