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Madras High CourtCRP/3151/2019disposed of

Neelamegan v. The State Of Tamilnadu

2023-03-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.20577 of 2019

1. Neelamegan

2. Valliammal ...

Petitioners Vs

1. The State of Tamil Nadu, represented by the District Collector, Sathuvachari, Vellore, Vellore District.

2. The Tahsildar, Arakkonam Taluk, Arakkonam, Vellore District.

3. The Thanigai Polur Village Panchayat, Represented by its President, Thanigai Polur Village & Post, Arakkonam Taluk, Vellore District.

...

Respondents Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of India to allow the Civil Revision Petition and set aside the fair and order dated 31.01.19 made in C.M.A.No.11 of 2017 on the file of Learned Subordinate Judge, Arakkonam confirming the fair and decreetal order dated 05.09.17 made in

I.A.No.417 of 2016 in O.S.No.77 of 2016 on the file of the Learned District Munsiff, Arakkonam.

For Petitioners : Mr.G.Jeremiah For Respondents R1 and R2 : Mr.C.Sathish Government Advocate R3 : No appearance

ORDER

This Civil Revision Petition has been filed as against the fair and order made in C.M.A.No.11 of 2017 dated 31.01.2019, on the file of Learned Subordinate Judge, Arakkonam confirming the fair and decreetal order dated 05.09.17 made in I.A.No.417 of 2016 in O.S.No.77 of 2016 on the file of the Learned District Munsiff, Arakkonam, thereby dismissing the petition seeking interim injunction.

2. The petitioners are the plaintiffs and the respondents are the defendants. The petitioners filed a suit for declaration, mandatory injunction and consequential permanent injunction in respect of the suit property. Pending suit, the petitioners filed an application seeking interim injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the suit schedule property. It was dismissed and aggrieved by the same, the petitioners

filed an appeal in C.M.A.No.11 of 2017 and the appellate Court also dismissed the appeal, confirming the order passed by the Court below. Aggrieved by the same, this present Civil Revision Petition.

3. Pending this petition, this Court ordered status quo directing the parties to maintain status quo in respect of the suit property.

4. Considering the above facts and circumstances of the case, the parties are directed to maintain status quo in respect of the suit property, till the disposal of the suit. The Trial Court is directed to dispose of the suit, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 02.03.2023 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No mn G.K.ILANTHIRAIYAN.J,

mn To

1. The Subordinate Judge, Arakkonam.

2. The District Munsiff, Arakkonam.

and C.M.P.No.20577 of 2019 02.03.2023