K.Nagarajan, v. Renganathan @ Thangam (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP(MD) No.1760 of 2016 IN SA(MD) No.616 of 2015 K.NAGARAJAN ... PETITIONER/APPELLANT Vs RENGANATHAN @ THANGAM (DIED)
1) B.SARATHA AMMA 2 GEETHA 3 SHOBA 4 SUBHA 5 VALSALA DEVI 6 VASANTHAKUMARI (RESPONDENTS 1-6 ARE GIVEN UP BY ORDER DATED 28.8.15 IN MP 3/14 IN SA SR 31141/2010) 7 VELAMMAL 8 R.V.RAJA 9 JEYANTHI 10 R.V.SUDHAKAR ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD) No.1760 of 2016 IN SA(MD) No.616 of 2015:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim injunction restraining the respondents 7 to 10 herein, his men, agents or any one claiming to be legal heirs of deceased respondent tenant, from in any manner causing damage to the suit property which is the subject matter of O.S.No.93 of 1996 on the file of I Addl.Sub Court, Nagercoil, pending disposal of the above SA(MD)No.616 of 2015.
SCHEDULE OF PROPERTY District :
Kanyakumari
Sub District :
Kanyakumari Taluk :
Agasteeswaram Village : Nagercol Town Survey No : D4/44, Area : 0.00.53.512 Ares(1.32 Cents) Description:
Building bearing Door No.10/6-35 with site and electricity and water connection.
Present Boundaries:
East : West Car Street South : Chockalingam's Shop West : Ganesh Store Building North : Azad Lodge Prayer in SA(MD) No.616 of 2015:- Memorandum of Grounds of Second Appeal against the judgment and decree dated 29.09.2007 made in A.S.No.40 of 2005 on the file of District Court, Kanyakumari at Nagercoil, reversing the judgment and Decree dated 13.09.2004 made in O.S.No. 93 of 1996 on the file of I Additional Subordinate Judge, Nagercoil.
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.K.APPADURAI, Advocate for the petitioner and of M/S.D.NALLA THAMBI, Advocate for R8 and R11 and M/S.R.MURUGAN, Advocate for R9 and R10 and the court made the following order:- This petition has been filed seeking an order of interim injunction restraining the respondents 7 to 10, from in any manner, causing damage to the suit property.
2. The learned counsel for the respondents 8 to 11, categorically stated that the timber roof tiles alone have been replaced and no other damage has been caused to the building in question.
3. The learned counsel for the petitioner has submitted that any further alterations or modifications, shall not be made,
but at the same time, undertakes to permit the respondents 8 and 11 to carry out fresh maintenance works of white-washing and any other minimal work.
4. Recording the said statement made by the learned counsel for the petitioner, this petition is closed. Post the appeal on 12.04.2016.
sd/- 30/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE I ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL. 2 THE DISTRICT JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL. +1. C.C. to M/S.R.MURUGAN, Advocate SR.No.17721
ORDER
IN CMP(MD) No.1760 of 2016 IN SA(MD) No.616 of 2015 Date :30/03/2016 CSL/SKS-RR/SAR-I/01.04.2016 :3P/4C