Joseph Stephan(Died) v. Savarimuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI SA(MD) No.570 of 2005 1 JOSEPH STEPHAN(DIED) 2 JOHN BOSCO 3 AMALRAJ ... PETITIONERS/APPELLANTS (*)4 J.PETER SURESH (*)5 J.MARTIN PAUL RAJ ... PETITIONERS (*)PETITIONERS 4 & 5 ARE BROUGHT ON RECORD AS LRs OF THE DECEASED 1st PETITIONER VIDE COURT ORDER 08/04/2022 MADE IN CMP(MD).277/2022 IN SA(MD).No.570/2005 Vs 1 SAVARIMUTHU (DIED) 2 ANTHONY (DIED) 3 CHINNAPPAN ... RESPONDENTS/RESPONDENTS 4 MARY 5 S.PETER (DIED) 6 S.RANI, 7 S.SOOSAI MARY 8 S.AUGUSTIN 9 S.SAGAYAM 1/4

10 S.LAWRENCE ... RESPONDENTS (RESPONDENTS 4 TO 10 ARE BROUGHT ON RECORD AS THE LRS OF DECEASED 1st RESPONDENT, VIDE COURT ORDER DATED 17.06.2006 MADE IN CMP(MD).

556/2006 IN SA(MD).570/2005) 11 S.SELETH 12 A.RAYAPPAN (DIED) 13 BENATHRAKKINI 14 A.MARIYAJOSEPH 15 A.FRANCIS XAVIER 16 MELSIA MARY 17 MINOR.JENIFER JASMINE 18 MINOR.DOMINIC SIBIDHERAN ... RESPONDENTS (MINOR 17th AND 18th RESPONDENTS ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN 16th RESPONDENT) (RESPONDENTS 11 TO 18 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 2nd RESPONDENT VIDE COURT ORDER DATED 11.01.17 MADE IN MP(MD)1/2013 IN SA(MD) 570/2005) 19 VELLANGANI 20 PRAVEEN KRISH 21 PIULA 22 WILSON ... RESPONDENTS (RESPONDENTS 19 TO 22 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 5th RESPONDENT VIDE COURT ORDER DATED 20.12.2021 MADE IN CMP(MDNo.9753,9754,9756 AND 9757/2021 SA(MD).

No.570/2005) 2/4

23 GABRIEL SAHAYA SELVI 24 MINOR. MARIYA NIVETHITHA ... RESPONDENTS (MINOR 24th RESPONDENT IS REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN 23rd RESPONDENT) (RESPONDENTS 23 AND 24 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 12th RESPONDENT VIDE COURT ORDER DATED 20.12.2021 MADE CMP(MD) Nos.9753,9754,9756 AND 9757/2021 SA(MD).

No.570/2005) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of temporary injunction till the disposal of the Second Appeal, restraining the respondents/defendants their men, servants and agents from interfering with plaintiffs/petitioner's possession and enjoyment of suit 'A' schedule property and from tampering with and altering the physical features of Suit 'B' schedule property in subject matter in OS.356/2002 on the file of on the file of the Second Additional District Mnsif, Dindigul. PRAYER IN SA(MD).No.570 of 2005:

Pleased to set aside the decree and judgement dated 17/11/2004 rendered in A.S.No.161 of 2004 on the file of the Additional Sub Court, Dindigul, reversing the decree and judgement dated 29/11/2002 in O.S.No.356 of 2002 on the file of the Second Additional District Munsif, Dindigul, in so far as it relates to the properties in 'A'and 'B'schedules of the plaint, by allowing the Second Appeal. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.R.JEYAPALAM, Advocate for the petitioner, the court made the following order:- The matter to be decided in this petition and the Second Appeal are the same.

Hence this petition stands closed.

sd/- 08/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL 2 THE SECOND ADDITIONAL DISTRICT MUNSIF, DINDIGUL.

ORDER

SA(MD) No.570 of 2005 Date :08/04/2022 SA/JM/SAR.2/20.04.2022/4P/3C 4/4