Madras High CourtCMP(MD)/5676/2019dismissed

N.Ponnusamy, v. The Asst.Executive Engineer

2020-02-18Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.5676 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.5676 of 2019 IN SA(MD) No.1 of 2015 N.PONNUSAMY ... PETITIONER/ APPELLANT Vs 1 THE ASST.EXECUTIVE ENGINEER (OPERATION & MAINTENANCE) TAMILNADU ELECTRICITY BOARD, SINTHAMANIPATTI, KULITHALAI TALUK, KARUR DISTRICT.

2 THE ASSISTANT ENGINEER, (OPERATION & MAINTENANCE) TAMILNADU ELECTRICITY BOARD, SINTHAMANIPATTI, KULITHALAI TALUK, KARUR DISTRICT.

3 THE EXECUTIVE ENGINEER, (OPERATION & MAINTENANCE) TAMILNADU ELECTRICITY BOARD, SINTHAMANIPATTI, KULITHALAI TALUK, KARUR DISTRICT.

4 THE SUPERINTENDENT ENGINEER, ELECTRICITY CIRCLE, TAMILNADU ELECTRICITY BOARD, KARUR DISTRICT.

5 KITTU @ KRISHNAN ... RESPONDENTS/ RESPONDENTS 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 injunction directing the respondents from interfering in peaceful enjoyment in respect of the property which is the subject matter in O.S.No.500 of 2010 on the file of Additional District Munsif, Karur pursuant to the Judgment and Decree in A.S.No.1 of 2012 on the file of Additional Sub Court, Karur pending disposal of the above S.A.(MD)No.1 of 2015 and thus render justice.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5676 of 2019 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.GOVINDARAJAN, Advocate for the petitioner, the court made the following order:- This application has been filed seeking injunction restraining the respondents from interfering with the appellant's peaceful possession and enjoyment of the suit property.

2. The suit in O.S.No.500 of 2010 was filed for mandatory injunction directing the respondents 1 to 4 to transfer the electricity connection that stands in the name of the fifth respondent in favour of the appellant. Upon dismissal of the suit, the plaintiff has come up with this second appeal. In view of the decree granted, I do not see any reason for grant of an order of injunction. Hence, this petition is dismissed.

3. Post the main appeal for hearing on 24.02.2020. sd/- 18/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT MUNSIF KARUR.

2 THE ADDITIONAL SUB JUDGE, KARUR.

ORDER

IN CMP(MD) No.5676 of 2019 IN SA(MD) No.1 of 2015 Date :18/02/2020 TA JM/VR/SAR 3/21.02.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2