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Madras High CourtCMP/10870/2021closed

S.Rajendran v. Kalaivani

2021-09-15Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT THE HON`BLE MS.JUSTICE P.T.ASHA CMP.NO.10870 OF 2021 IN AS.NO.224 OF 2021 S.RAJENDRAN [ PETITIONER ] Vs 1 KALAIVANI [ RESPONDENTS ] 2 RAMASAMY 3 BALAMURUGAN 4 SANTHI 5 SAVITHA 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, their agents, servants or men from in any manner interfering or disturbing with the peaceful possession and enjoyment of the suit property, which is the subject matter of the suit in O.S.No.37/19 on the file of Principal District Judge, Cuddalore (In CMP.NO.10870/2021) pending the disposal of the above AS.NO.224/2021.

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.T.S.BASKARAN, Advocate for the petitioner and of M/S.R.GURURAJ, ADVOCATE (CAVEATOR) for the Respondents, the court made the following order:- The above application has been filed to grant an order of interim injunction restraining the Respondents, their agents, servants or men from in any manner interfering or disturbing with the peaceful possession and enjoyment of the suit property, which is the subject matter of the suit in O.S.No.37 of 2019 on the file of Principal District Judge, Cuddalore pending the disposal of the above appeal.

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2.From the affidavit filed in support of the petition, it is seen that initially the plaintiff who is the appellant herein had a benefit of Interim injunction in I.A.No.2 of 2019 in O.S.No.37 of 2019 on the file of the Principal District Court, Cuddalore. After contest, by an Order dated 29.04.2019 the petition was dismissed. The Order was taken up in C.M.A.No.3364 of 2019 dated 03.01.2020, an order of Status-quo was granted to the plaintiff till the dismissal of the suit.

3.Considering the fact that an Interim Order of Status-quo was enjoyed by the plaintiff till the disposal of the suit, the Order of Status-quo shall continue till the disposal of the first appeal and accordingly, this application is ordered. -sd/- 15/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRINCIPAL DISTRICT JUDGE, CUDDALORE.

Order in CMP.NO.10870/2021 IN AS.NO.224/2021 Date :15/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM(20/09/2021) (P) https://hcservices.ecourts.gov.in/hcservices/