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Madras High CourtCMP/10068/2020disposed of

R.Veeramani v. R. Thirunavukkarasu

2021-07-27Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of July Two Thousand Twenty One PRESENT THE HON`BLE MR. JUSTICE M.SUNDAR CMP.No.10068 of 2020 and CMP.No.3652 of 2021 in SA.No.471 of 2020 R.VEERAMANI [PETITIONER IN CMP.No.10068/2020 & 1st RESPONDENT IN CMP.No.3652/2021] Vs 1 R.THIRUNAVUKKARASU [1st RESPONDENT IN CMP.No.3652/2021 & PETTIONERS IN CMP.No.10068/2020] 2 R. VIJAYAKUMAR [2nd RESPONDENT IN BOTH THE PETITIONS] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the injunction granted in Judgment and decree in A.S. No.9 of 2018 on the file of Hon'ble Subordinate Judge, Mannargudi dated 18.12.2019 partly allowed the Judgment and decree dated 11.12.2017 in O.S. No.

32 of 2016 on the file of Honble District Munsif Cum Magistrate, Needamangalam, till the (In CMP.No.10068 of 2020); ii)To vacate the order dated 17.09.2020 made in CMP.No.10068 of 2020 in SA.No.471 of 2020 passed by this Honourable Court ordering interim Suspension of the decree of the 1st Appellate Court in AS.No.9 of 2019 (in CMP.3652/2021) pening disposal of the above SA.No.471 of 2020.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.PARTHASARATHY, SENIOR COUNSEL for M/S.RAMADEVI P.T., Advocate for the PETITIONER IN CMP.No.10068/2020 & 1st RESPONDENT IN CMP.No.3652/2021 and of MR.K.V.SUNDARARAJAN, Advocate for the 1st Respondent IN CMP.No.3652/2021 & PETTIONERS IN CMP.No.10068/2020 the court made the following order:- Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 19.07.2021 and 22.07.2021, which read as follows:

' Proceedings made on 19.07.2021 Ms.Divyasri, learned counsel representing the counsel on record for sole appellant and Mr.K.V.Sundararajan, learned counsel on record for first respondent are before this Virtual Court.

2. Case file placed before this Court brings to light that second respondent has been duly served vide Court notice on 03.10.2020, name of the second respondent together with full/complete address is shown in the cause list, but there is no representation. This Court is informed that no counsel has entered appearance on behalf of second respondent.

3. Be that as it may, the case file placed before this Court brings to light that captioned second appeal has been admitted by Hon'ble predecessor Judge on 17.09.2020. This Court is informed that records from the District judiciary have since been received. However, learned counsel for appellant requests for a short accommodation citing difficulty for counsel on record for appellant.

4. Learned counsel for first respondent submits that an order of suspension of injunction decree made on 17.09.2020 in C.M.P.No.10068 of 2020 is operating against him and he has filed C.M.P.No.3652 of 2021 to vacate the same. Learned counsel submits that taking advantage of the order of suspension, the drainage pipes have been broken making his portion of the property (Schedule 'A') inhabitable.

5. Learned counsel, therefore, requests that CMPs may please be disposed of expeditiously if not the captioned main second appeal. It is open to the parties to argue the captioned second appeal in the next listing as the same is ripe for final hearing.

List under the same caption 'FINAL HEARING CASES' on 22.07.2021.'

'Proceedings made on 22.07.2021 Read this in conjunction with and in continuation of earlier proceedings dated 19.07.2021.

2.Ms.Abirami, learned counsel representing the counsel on record for sole appellant in the main Second Appeal and Mr.K.V.Sundararajan, learned counsel on record for first respondent in the captioned main Second Appeal are before this virtual Court.

3. Regarding the aforementioned two CMPs which are for suspension and vacate suspension, learned counsel for appellant in the main Second Appeal submitted on instructions that a suitable affidavit, which can give closure to CMPs, can be filed by Monday.

4. Owing to such submission, list this matter on Tuesday (27.07.2021).'

2.What is of relevance is a undisputed rough sketch, which has been annexed to the captioned C.M.P.No.3652 of 2021, which reads as follows:

3. Today an affidavit dated 26.07.2021 sworn to by Mr.R.Veeramani (appellant in main second appeal) is filed. Most relevant paragraph is paragraph 4, which reads as follows: '4. I most respectfully submit that I never prevented the 1st Respondent in making use of the drainage. I undertake that pending disposal of the above Second Appeal we will not prevent the 1st Respondent from using the passage limited for the purpose of cleaning nay block in the drainage.'

4. Mr.S.Parthasarathy, learned Senior Advocate instructed by Ms.P.T.Ramadevi, counsel on record for appellant in the main second appeal and Mr.K.V.Sundararajan, learned counsel on record for first respondent in the main second appeal (R.Thirunavukkarasu) are before this Virtual Court. Regarding second respondent in main

second appeal, the Court record shows that he has been duly served vide Court notice on 03.10.2020. Name and full/complete address is shown in the cause list, but none appears. This has already been recorded in the proceedings dated 19.07.2021.

5. Responding to paragraph 4 of the affidavit of the appellant, Mr.K.V.Sundararajan, learned counsel for first respondent, on instructions, submits that the first respondent will not disturb the slabs on the pathway above the underground pipeline near Schedules 'B' and 'C' in the undisputed rough sketch scanned and reproduced supra. To be noted conventionally North points upwards in a sketch and it is the reverse in the aforementioned sketch.

Recording the aforementioned undertaking in paragraph 4 and the submission made by learned counsel for first respondent on instructions, captioned CMPs are disposed of as closed. There shall be no order as to costs.

-sd/- 27/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SUBORDIANTE JUDGE, MANNARGUDI.

2 THE DISTRICT MUNSIF CUM MAGISTRATE, NEEDAMANGALAM.

Order in CMP.No.10068 of 2020 and CMP.No.3652 of 2021 in SA.No.471 of 2020 Date :27/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR (11/08/2021)