S/Nagamma Naicker, v. C.Nagamma Naicker,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH and The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) Nos.6918 and 6919 of 2016 IN AS(MD) No.106 of 2016 1 S.NAGAMMA NAICKER 2 N.RAJU 3 N.NATARAJAN .. PETITIONERS/APPELLANTS in all petitions Vs 1 C.NAGAMMA NAICKER 2 BOMMURAJ KANNAIYAN (DIED), DEVARAJ (DIED) BOMMA NAICKER (DIED) 3 NAGAPPAN 4 SOOLAMA NAICKER, 5 SAROJA 6 MACHAMMAL 7 RAJAMMANI 8 CHANDRA 9 RAMESH 10 ERRAMA NAICKER 11 SAKTHIVEL 12 SARASU PALANIYAMMAL (DIED) 13 BOMMAYEE 14 MUTHAMMAL RAJU @ MURUGESAN (DIED) 15 SOOLAMA NAICKER 16 BOMMURAJU 17 NAGAPPAN 18 KANNAMMAL 19 MEENATCHI CHINNAMMAL (DIED)
20 KALI NAICKER 21 KALIYAMMAL, W/O.NAGAMMA NAICKER 22 KALIYAMMAL, W/O.BOMMA NAICKER 23 VASANTHI 24 RAMESH 25 RAMYA 26 SAKTHI 27 MINOR.SURESH (AGED 7 YRS) S/O.LATE.RAJU @ MURUGESAN, (REP BY HIS NEXT FRIEND & NATURAL GUARDIAN R23) 28 RAJU,S/O.BOMMA NAICKER, 29 RAJU,S/O.BOMMA NAICKER, 30 PALANISAMY 31 MUTHAMMAL 32 RAMASAMY, 33 BOMMAKKAL 34 MINOR.SARASU, S/O.LATE.PALANISAMY, 35 MINOR.KARTHICK, S/O.LATE.PALANISAMY, (R34&35 REP BY THEIR NEXT FRIEND & NATURAL GUARDIAN MOTHER R33) 36 STATE OF TAMILNADU REP BY DISTRICT COLLECTOR, COLLECTORATE, THANTHONIMALAI POST, KARUR.
37 DISTRICT REVENUE OFFICER, COLLECTORATE, THANTHONIMALAI POST, KARUR.
38 REVENUE DIVISIONAL OFFICER, KARUR REVENUE DIVISION, NORTH PRATHATCHANAM ROAD, KARUR. 39 SPECIAL TAHSILDAR LAND ACQUISITION NH.67,TRICHY-KARUR DIVISION, NAVALADIYAN COMPLEX, DINDIGUL MAIN ROAD, THANTHONIMALAI, KARUR.
40 PLANNING OFFICER NH.67 TRICHY-KARUR DIVISION, NATIONAL HIGHWAYS, KARUR.
41 SUSEELA 42 MINOR.K.DINESHKUMAR 43 MINOR.K.SANTHOSHKUMAR, (R42&43 REP BY THEIR NEXT FRIEND & NATURAL GUARDIAN MOTHER SUSEELA R41) 44 CHINNAMMAL 45 BANGARU AMMAL ... RESPONDENTS/RESPONDENTS in all petitions Prayer in CMP(MD).6918/2016 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Injunction
restraining the respondents from in any way alienating the properties which are the subject matter in O.S.No.5 of 2004 on the file of the Principal District Judge, Karur pending disposal of the above AS(MD)No.106 of 2016 .
(A Xerox copy of the Schedule of Property is herewith enclosed) Prayer in CMP(MD)No.6919/2016 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of injunction restraining the respondents from withdrawing the amount deposited in O.S.No.121 of 1996 on the file of the Sub Court, Karur pending disposal of the above AS(MD)No.106 of 2016.
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.P.THIAGARAJAN, Advocate for the petitioner and of M/S.N.SHANMUGASELVAM, Advocate for R13 & R14 and M/S.E.K.KUMARESAN, Advocate for R10&R12 and M/S.K.GOVINDARAJAN, Advocate for R7 & R24 and M/S.H.THAYUMANASWAMY, Advocate for R1,R2,R21 and R45, the court made the following order:- [Order of the Court was made by M.M.SUNDRESH, J.] Pending appeal, which has arisen against the dismissal of the suit filed for partition, these applications have been filed. C.M.P.No.6918 of 2016 has been filed against intending alienation by the respondents. C.M.P.No.6919 of 2016 has been filed seeking a prohibitory order against the disbursement of the amount deposited in pursuant to the acquisition made.
2.This Court had already granted an order of interim injunction on 11.08.2016.The said injunction is going for nearly one year. Pending the appeal,any disbursement of the amount deposited would certainly affect the rights of the parties, who seek partition.
3.In such view of the matter, we are of the view that the order of injunction may be made absolute and accordingly, the interim injunction already granted is made absolute. 4.A direction is issued to the trial Court to deposit the compensation amount which had already been lying on its credit, in any one of the nationalised bank, in interest bearing fixed deposit, initially for a period of three years, renewable thereafter till the disposal of the appeal suit.
5.Registry is directed to make the papers ready and post this appeal suit along with A.S.No.145 of 2016, on 12.09.2016. sd/- 29/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.
THE PRINCIPAL DISTRICT JUDGE, KARUR 2.
THE SUBORDINATE JUDGE, KARUR +1. C.C. to M/S.P.THIAGARAJAN Advocate SR.No.29601 vsn CSL/RR-BS/SAR-I/31.08.2017 : 4P/4C
ORDER
IN CMP(MD) No.6918& 6919 of 2016 IN AS(MD) No.106 of 2016 Date :29/08/2017