Madras High CourtCMP(MD)/11524/2017dismissed

Kamaraj v. Mariappan

2017-12-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.11524 of 2017 IN SA(MD) No.532 of 2017 1 KAMARAJ 2 SUBBIAH(DIED) 3 SETHUR 4 MURUGESAN (*)5 KARUPPAYEE 6 MUTHURAMALINGAM 7 MANIKANDAN 8 MAHALAKSHMI 9 MARIAMMAL ... PETITIONER/APPELLANTS (*) Petitioners 5 to 9 are brought on record as LRS of deceased. P2 vide courts order dated 21.04.2017 made in CMP(MD)No.

2444 & 2445/17 in SA(MD)SR20899/2015 by NSSJ. Vs 1 MARIAPPAN 2 MARIAMMAL 3 BASAKARAN 4 AVUDAIYAMMAL 5 BOSE 6 RAJA 7 KALIAMMAL 8 THE VILLAGE ADMINISTRATIVE OFFICER, CHATHIRAREDDIAPATTY VILLAGE, VIRUDHUNAGAR TALUK.

9 THE TAHSILDAR, VIRUDHUNAGAR.

10 THE JOINT SUB-REGISTRAR NO.2 VIRUDHUNAGAR. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein https://hcservices.ecourts.gov.in/hcservices/ and in the affidavit filed therewith the High Court will be pleased

to pass an order of interim injunction restraining the respondents from interfering with the peaceful possession of the petitioner in OS.No.66 of 2005 on the file of the District Munsif, Virudhunagar in Survey No.101/1A of Chathirareddiapatti Village, Virudhunagar District pending disposal of the above Second Appeal. 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.SASIKUMAR, Advocate for the petitioner and of MR.S.J.CHAKKARAVARTHY, Advocate for R1 to R7 and MR.D.MURUGANANTHAM, Additional Government Pleader for R8 to R10, the court made the following order:- Since the appellant did not enjoy the benefit of any interim order either during the suit proceedings or before the first Appellate Court, the question of granting any interim injunction at this stage would not arise.

CMP(MD)No.11524 of 2017 is dismissed.

sd/- 15/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF, VIRUDHUNAGAR

ORDER

IN CMP(MD) No.11524 of 2017 IN SA(MD) No.532 of 2017 Date :15/12/2017 PK/RR/SAR-3/20.12.2017 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/