Madras High CourtCMP(MD)/11397/2017closed

Muthulakshmi v. Periyasamy

2017-12-18Honourable Mr Justice S. Baskaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.BASKARAN CMP(MD) No.11397 of 2017 IN SA(MD) No.522 of 2017 1 MUTHULAKSHMI 2 RAMAMOORTHY 3 SAMINATHAN ... PETITIONERS/APPELLANTS Vs PERIYASAMY ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to restrain the respondent from cutting or removing the trees standing in the property mentioned below during the pendency of the above appeal.

Prayer in SA(MD). 522/ 2017 :

Pleased to set aside the decree and judgment passed in A.S.No.11/2015 on the file of the Principal Sub Court, Kumbakonam dated 25.07.2017 confirming the decree and judgment passed in O.S.No.134/2012 on the file or Principal District Munsif Court, Kumbakonam dated 18.03.2014.

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.V.K.VIJAYARAGAVAN, Advocate for the petitioners and of M/S.GOMATHI SANKAR, Advocate for the Respondent the court made the following order:- The petitioner has come forward with this petition seeking to restrain the respondent from cutting and removing any of the trees https://hcservices.ecourts.gov.in/hcservices/ from the suit property.

2.Opposing the petition the respondent filed his counter today. In the counter at para 8 the respondent has given an undertaking that he will not cut any trees in the suit property without the permission of this Court.

3.Keeping in mind the said undertaking of the respondent, this Court is inclined to accept the same and close the petition. 4.In the result, this petition is closed.

sd/- 18/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, KUMBAKONAM 2 THE PRINCIPAL DISTRICT MUNSIF,KUMBAKONAM +1. C.C. to M/S.V.K.VIJAYARAGAVAN Advocate SR.No.36491 TM GJM/RR/SAR-3-28.12.2017-2P-4C

ORDER

IN CMP(MD) No.11397 of 2017 IN SA(MD) No.522 of 2017 Date :18/12/2017 https://hcservices.ecourts.gov.in/hcservices/