Madras High CourtCMP/25324/2019dismissed

Maral v. Sengodan

2020-08-17Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Seventeenth day of August Two Thousand Twenty PRESENT THE HON`BLE MR.JUSTICE R.SUBRAMANIAN CMP No.25324 of 2019 IN SA.1158/2019 1 MARAL [ PETITIONERS ] 2 SELLAMMAL 3 MUNNIAMMAL 4 ARUKKANI 5 SAMIATHAL Vs SENGODAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of temporary injunction restraining the respondent from making any construction or alter the nature of the schedule property which is the subject matter in OS No.640/2008 in II Additional District Munsif Court, Erode on the file of the till the disposal of the SA.1158/2019.

XEROX COPY OF THE SCHEDULED OF PROPERTY IS ATTACHED Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.SESUBALAN RAJA, Advocate for the petitioner and of MR.M.GURUPRASAD, Advocate for the respondent, the court made the following order:-

O R D E R

The suit filed by the plaintiff for declaration and injunction stands dismissed as of today. The prayer in this petition is an injunction restraining the respondent from making any construction.

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2. Mr.M.Guruprasad, learned counsel appearing for the respondent would submit that the respondent has already put up construction in the suit property and he is living there. Hence, there is no need for temporary injunction at this juncture. Accordingly, this miscellaneous petition is dismissed.

-sd/- 17/08/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, ERODE.

2 THE II ADDITIONAL DISTRICT MUNSIF, ERODE.

C.C. to M/S.P.SESUBALAN RAJA Advocate on payment of necessary charges C.C. to MR.M.GURUPRASAD Advocate on payment of necessary charges Order in CMP.25324/2019 in SA.1158/2019 Date :17/08/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 27/8/2020 https://hcservices.ecourts.gov.in/hcservices/