C.Senthilkumar v. R.Ramanathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of September Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU IN AS(MD) No.128 of 2019 C.SENTHILKUMAR ... PETITIONER/APPELLANT Vs 1 R.RAMANATHAN 2 R.RAMACHANDRAN R.RADHAKRISHNAN (DIED) 3 N.TAMILARASAN 4 R.TAMILARASI 5 SELVI ... 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 Interim Injunction restraining the respondents 4 to 6 and their men, agents, servants or any one acting on behalf of them from in any manner encumber and disturbing the peaceful possession and enjoyment of the suit property in OS.No.149/2014 on the file of the VI Additiona District Judge, Madurai pending disposal of the above AS(MD) No.128 of 2019.

prayer in AS(MD) No.128 of 2019:

Appeal filed Under Section 96 of C.P.C. To set aside the Judgment and Decree dated 26.02.2019 made in O.S.No.149 of 2014 on the file of the VI Additional District Court, Madurai. 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.A.SARAVANAN, Advocate for the petitioner and of respondents not appeared either in person or an advocate, the court made the following order:- 1/3

This petition has been filed by the petitioner / appellant seeking to grant an order of interim injunction restraining the respondents 4 to 6 and their men, agents, servants or any one acting on behalf of them from in any manner encumber and disturbing the peaceful possession and enjoyment of the suit property mentioned in O.S.No.149 of 2014 on the file of the Sixth Additional District Court, Madurai pending disposal of the appeal. 2.Despite notice being served on the respondents 1 and 2 and their names are being printed in the cause list, there is no representation on behalf of them either in person or through counsel.

3.When the matter came up for hearing on 13.09.2019, there was no representation on behalf of the 4th respondent / caveator and at the request made on the side of the petitioner / appellant, the matter was directed to be posted on 17.09.2019 (today). Today also, there is no representation on behalf of the 4th respondent / caveator.

4.The learned counsel for the petitioner / appellant would submit that inspite of the intimation given to the learned counsel for the 4th respondent /caveator, there is no representation on behalf of him.

5.In view of the same, there shall be an order of interim injunction as prayed for.

6.The petition is ordered accordingly.

sd/- 17/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE VI ADDITIONAL DISTRICTJUDGE, MADURAI. +2. C.C. to M/S.A.SARAVANAN Advocate SR.No.15558 2/3

ORDER

IN IN AS(MD) No.128 of 2019 Date :17/09/2019 TR/PN/SAR-IV (18.09.2019) 3P 4C 3/3