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Madras High CourtCMP(MD)/983/2018closed

Pudumai Savarimuthu v. Santhiagu

2022-03-10Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.983 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.983 of 2018 IN SA(MD) No.56 of 2018 PUDUMAI SAVARIMUTHU ... PETITIONER/APPELLANT/ APPELLANT/PLAINTIFF Vs 1 SANTHIAGU 2 FATHIMA 3 ROJA ... RESPONDENTS/RESPONDENTS/ RESPONDENTS/DEFENDANTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim injunction restraining the Respondents 2 and 3 in interfering the Petitioner peaceful possession and enjoyment over the suit properties in O.S.No. 338 of 2011 on the file of the Learned Additional District Munsif, Tenkasi, Tirunelveli District morefully described in the Schedule hereunder, pending disposal of the above Second Appeal.

PRAYER IN SA(MD)No.56 of 2018:

Pleased to allow the above Second Appeal and consequently set aside the decree and judgment of the Learned Additional Subordinate Judge, Tenkasi, Tirunelveli District dated 07.08.2017 made in A.S.No.59 of 2014 confirming the decree and judgment of the Learned Additional District Munsif, Tenkasi, Tirunelveli District dated 10.07.2014 made in O.S.No.338 of 2011 of rejecting the relief of declaration as well as permanent injunction in favour of the Appellant as well as the 1st Respondent in possession and enjoyment the suit property forthwith.

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.S.PALANIVELAYUTHAM, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.983 of 2018 The matter to be decided in CMP(MD)No.983 of 2018 and the appeal is same. Hence the petition is CMP(MD)No.983 of 2018 is closed.

sd/- 10/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT MUNSIF TENKASI, TIRUNELVELI DISTRICT.

2 THE ADDITIONAL SUBORDINATE JUDGE, TENKASI, TIRUNELVELI DISTRICT.

ORDER

IN CMP(MD) No.983 of 2018 IN SA(MD) No.56 of 2018 Date :10/03/2022 MK/PN/SAR-I/14.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2