Ayira Vaisiya Sabai Paramakudi v. Rakkammal

CMP(MD) No.991 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday,the Twenty Seventh day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.991 of 2021 IN SA(MD) No.569 of 2020 AYIRA VAISIYA SABAI, PARAMAKUDI, REP.BY ITS PRESIDENT 7/121, SWAMI SANNATHI STREET, PARAMAKUDI TOWN, PARAMAKUDI NAGAR, RAMANATHAPURAM DISTRICT. ... PETITIONER/RESPONDENT Vs 1 RAKKAMMAL 2 SELVI 3 JOTHI ... RESPONDENTS/APPELLANTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant of order of Interim Injunction restraining the respondents, their men, servants, agents from not to alter the physical features of the petition shcedule mentioned property which is the subject matter of O.S.No. 105 of 2012 on the file of the District Munsif Court, Paramakudi pending disposal of the above Second Appeal.

Prayer in SA(MD). 569/ 2020 :

To set aside the Judgment and decree dated 13.08.2019 passed in AS No.5 of 2018 on the file of the Sub Court, Paramakudi, confirming the Judgment and Decree dated 28.11.2017 passed in OS No.105 of 2012 on the file of the District Munsif Court, Paramakudi by allowing this 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.D.SENTHIL, Advocate for the petitioner and of MR.V.MEENAKSHI SUNDARAM, Advocate on behalf of the Respondents the court made the following order:- This petition has been filed to grant an order of Interim Injunction restraining the respondents, their men, servants, agents from not to alter the physical features of the petition shcedule mentioned property which is the subject matter of O.S.No. 105 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.991 of 2021 2012 on the file of the District Munsif Court, Paramakudi pending disposal of the above Second Appeal.

2.This petition has been filed in the year 2021. Even today, no interim injunction has been granted and construction would have been completed by this time. Hence this Court is not inclined to entertain this petition for interim injunction. 3.Hence, the Civil Miscellaneous Petition is dismissed. 4.Since the suit if of the year 2012, Registry is directed to list the second appeal for final disposal on 10.02.2021. sd/- 27/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB JUDGE, PARAMAKUDI.

2 THE DISTRICT MUNSIF, PARAMAKUDI.

ORDER

IN CMP(MD) No.991 of 2021 IN SA(MD) No.569 of 2020 Date :27/01/2022 RS/JM/SAR.2(31.01.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2