Madras High CourtCMP(MD)/971/2021disposed of

M.Sundar, v. P.Kanaga,

2021-07-15Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN IN AS(MD).29 OF 2021 M.SUNDAR, ... PETITIONER/APPELLANT Vs 1 P.KANAGA, (SOLE DEFENDANT - DIED DURING PENDENCY OF SUIT)

1) A.SUBRAMANIAN, 2 A. PANNERSELVAM, 3 A. MURUGAN, 4 JOHN CHELLADURAI, ... RESPONDENTS/RESPONDENTS (Respondents 1 to 3 above named have not contested the suit and no relief was also claimed as against the respondents 1 to 3 above named either in the suit or in this appeal. Hence they are given up in this appeal as unnecessary parties) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant ad-Interim Injunction restraining the 4th Respondent herein, his agents, power of Attorneys, Servants, or anyone claiming under him from in any manner alienating or encumbering the suit property in O.S.No.63 of 2017 on the file of the VI Additional District Judge, Madurai pending disposal of the above AS(MD).29 OF 2021.

Prayer in AS(MD). 29 of 2021 :

Appeal filed Under Section 96 R/W. order XVI Rule 1 Civil Procedure Code to set aside the Judgment and Decree dated 07.03.2020 in O.S.No.63 of 2017 on the file of the VI Additional District Judge, Madurai.

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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.V.S.KUMARAGURU, Advocate for the petitioner and of Mr.J.Barathan, for Mr.T.R.Jeyapalam, Advocate for the Respondents the court made the following order:- The plaintiff in the suit is the appellant in this appeal. The suit was filed for declaration and permanent injunction. The suit came to be dismissed.

During the pendency of the appeal, the appellant wants to restrain the respondents from XXXXXXXXXx I make it clear that any sd/- 15/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 The VI Additional District Judge, Madurai. +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-4585[I] dated 15/07/2021 ) +2 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-4615[I] dated 15/07/2021 )

ORDER

IN IN AS(MD).29 OF 2021 Date :15/07/2021 VB/JC/SAR-II (22.07.2021) 2P 5C 3/3