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Madras High CourtA/726/2016allowed

M/S. Healers Nutraceuticals P v. M/S. Growth Pharmaceuticals

2016-02-22Master2 pages

A.No.726 of 2016 in C.S.No.1170 of 2008 PUSHPA SATHYANARAYANA.J, The application is filed for an ad-interim injunction restraining the defendant from altering or demolishing or remodeling or putting up a new construction in the suit property pending disposal of the suit. 2.

A counter affidavit has been filed by the defendant, who has stated in para 4 as follows:

"Though the building is very old and damages, I have not proposed to demolish the structures available in the suit property since leave of competent authority is mandatory and required for it. I have not so far applied for permission to the authorities for demolition of the building. Even if I apply for permission, it will take over one year to pass order by the competent authority and hence, the apprehension expressed is unjustified." 3.

In view of the above averments and as the learned counsel for the defendant also undertakes that the defendant does not propose to demolish, alter or remodel the house till the disposal of the suit and as

PUSHPA SATHYANARAYANA.J, srn already a tenant is in occupation of the premises recording the said undertaking by the learned counsel for the defendant, this application is closed.

14.09.2016 srn A.No.726 of 2016 in C.S.No.1170 of 2008 (1/2)