Devendran Alias Deva, v. Peyathevan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD].(MD)No.1900 of 2025 and C.M.P.(MD)No.10643 of 2025 Devendran @ Deva

...Petitioners

Vs.

1.Peyathevan 2.Kamayi 3.Arjunan 4.Andi 5.Veeman 6.Thanam 7.Jeyaraj 8.Kala 9.Perumal 10.Amirtham 11.Visva 12.Rajesh

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the records and set aside the fair and decreetal order dated 23.04.2025 passed in C.M.A.No.3 of 2024 dated 23.04.2025 by the 1/6

Learned Sub-Ordinate Judge, Usilampatti by reversing the order of granting temporary injunction against the Respondents in order dated 19.03.2024 in I.A.No.13 of 2024 in O.S.No. 4 of 2024 on the file of the District Munsif cum Judicial Magistrate Court No.1, Usilampatti.

For Petitioners : Mr.G.Prabhu Rajadurai for M/s.Aran Legal Consultancy For Respondents 1,4,5&11 : Mr.T.Pon Ram Kumar For Respondents 2,3,6,7,9,10&12 : No appearance

O R D E R

This petition has been filed seeking to set aside the fair and decreetal order dated 23.04.2025 passed in C.M.A.No.3 of 2024 dated 23.04.2025 by the Learned Sub-Ordinate Judge, Usilampatti, by reversing the order of granting temporary injunction against the Respondents in order dated 19.03.2024 in I.A.No.13 of 2024 in O.S.No. 4 of 2024, on the file of the District Munsif cum Judicial Magistrate Court No.1, Usilampatti.

2.Learned Counsel for the petitioner would submit that the petitioner purchased a natham property from his vendor and the same was interfered with by the respondents / defendants, thereby the petitioner filed a suit in O.S.No.4 2/6

of 2024, on the file of the learned District Munsif cum Judicial Magistrate No.1, Usilampatti, for permanent injunction, in which the petitioner filed I.A.No.13 of 2024, for interim injunction and the same was granted, against which the respondents / defendants preferred appeal before the Sub Court, Usilampatti in C.M.A.No.3 of 2024 and the same was allowed in their favour. Challenging the same, the present Civil Revision Petition has been filed. 3.Learned Counsel for the petitioner would submit that the petitioner has constructed an old house in which the respondents tried to interfere and thereby, he filed a permanent injunction suit. Initially, the trial Court granted interim injunction and subsequently the old building was demolished and at this stage, the lower appellate Court allowed the appeal. However, learned Counsel for the petitioner prays that this Court may issue a direction to both the parties to maintain status quo till the disposal of the suit. 4.Learned Counsel for the respondent / defendant has no serious objection for the same.

5.In view of the consent expressed by the parties, this Court, without going into the merits of the matter, restrains the petitioner from developing the 3/6

property and also restrains the respondents from interfering with the suit schedule property, till the disposal of the suit. The trial Court is also directed to dispose of the suit in O.S.No.4 of 2024, within a period of six [6] months from the date of receipt of a copy of this order.

6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

11.08.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Sub-Ordinate Judge, Usilampatti.

2.The District Munsif cum Judicial Magistrate No.1, Usilampatti.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

MR C.R.P.(MD)No.1900 of 2025 11.08.2025 6/6