Balakrishnan v. Venkidupathy

CMP NO. 27477 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2024

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP NO. 27477 OF 2024 IN A.S NO. 1063 OF 2024 BALAKRISHNAN S/O. PALANISAMY, D.NO. 36/17, ERUKKADU, 2ND STREET, KARUVAMPALAYAM, TIRUPPUR. AND ANOTHER APPELLANT(S) Vs VENKIDUPATHY S/O. PALANISAMY, D.NO. 36/17, ERUKKADU, 2ND STREET, KARUVAMPALAYAM, TIRUPPUR. AND 6 OTHERS RESPONDENT(S) Prayer:- Civil Miscellaneous Petition filed under Order 39 Rules 1 & 2 of CPC, to grant an order of interim injunction not to disturb the peaceful possession of the suit property (morefully described in the petition schedule of property in O.S.No.585 of 2019 on the file of the First Additional District and Sessions Court, Tiruppur, till disposal of this Appeal Suit.

For Appellant(s):

MR.M.ARAVIND SUBRAMANIAM, SENIOR ADVOCATE FOR S.VEDIYAPPAN For Respondent(s):

R.BHARATH KUMAR (for R1) https://www.mhc.tn.gov.in/judis

ORDER

(Order of the Court was made by the Hon'ble R.Subramanian J.) The petitioners seek an order of injunction restraining the respondents from interfering with their possession of the suit property.

2. The suit in O.S.No.585 of 2021, against which the appeal in A.S.No.1063 of 2024, which is for a bare injunction, has been dismissed by the Trial Court. Hence, we do not see any prima facie case in favour of the petitioner for grant of interim injunction.

3. Accordingly, this petition is dismissed.

(R.SUBRAMANIAN J.) (C.KUMARAPPAN J.) 16-12-2024 2/3 KV https://www.mhc.tn.gov.in/judis