N. Jaganathan v. R. Rukmani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Eighth day of November Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE S.S.SUNDAR CMP.No.5922 of 2018 in AS.No.276 of 2018 N. JAGANATHAN [ PETITIONER ] Vs 1 R.RUKMANI [ RESPONDENTS ] 2 T.ARUMUGAM 3 R.V.SENTHIL KUMAR Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim injunction restraining the respondents or his men or his agent or any one claiming under the from encumbering or alienating or altering the physical features of the suit schedule properties which is subject matter in O.S.No.663 of 2012 on the file of V Additional District Court, Coimbatore [IN CMP.No.5922 of 2018], pending disposal of the above AS.No.276/2018.

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.SUNDARAVADHANAN, Advocate for the petitioner, the court made the following order:- The present application/petition is filed seeking to grant an order of ad-interim injunction, restraining the respondents or any one claiming under the respondents, from encumbering or alienating or altering the physical features of the suit schedule property which is the subject matter in OS.No.663/2012 on the file of the Court of V Additional District Judge, Coimbatore. 2.It is brought to the notice of this Court that pleadings are ready and the main Appeal Suit itself is ready for final hearing. 3.

Having regard to the scope of this application/petition and the petitioner/appellant's right is protected, this Court is not inclined to grant any interim order. The respondents shall also not claim any right on the basis of anything that is being done during the pendency of this Appeal Suit. Hence, the Civil Miscellaneous Petition stands dismissed.

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4.It is also brought to the notice of this Court that the 2nd respondent is no more.

Learned counsel for the petitioner/appellant is directed to take steps to bring on record, the legal representatives of the decesed/2nd respondent. 5.Post the main Appeal Suit for final hearing in the usual course.

-sd/- 08/11/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE V ADDITIONAL DISTRICT JUDGE, COIMBATORE C.C. to M/S.N.MANOKARAN, Advocate SR.NO.6457/2021 Order in CMP.No.5922 of 2018 in AS.No.276 of 2018 Date :08/11/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 12/11/2021 https://hcservices.ecourts.gov.in/hcservices/