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Madras High CourtCMP(MD)/245/2016dismissed

Sankarammal, v. Tmt. Lakshmi

2023-01-20Honourable Mr Justice S. Sounthar2 pages

CMP(MD) No.245 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.SOUNTHAR CMP(MD) No.245 of 2016 IN SA(MD) No.18 of 2016 SANKARAMMAL ... PETITIONER/APPELLANT Vs LAKSHMI ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of injunction forbearing the respondent from alienating or interfering with my peaceful possession and enjoyment of the suit schedule property, the subject matter in OS NO. 45 of 2007 on the file of the District Munsif Cum Judicial Magistrate Court, Vilathikulam and pending disposal of this Second Appeal and thus render justice.

PRAYER IN SA(MD) No.18 of 2016:

To allow the appeal by setting aside the judgment and Decree passed in A.S.No.21 of 2012on the file of the Sub Court, Kovilpatti, dated 22.01.2015 reversing the judgment and decree passed in O.S.No.45 of 2007 on the file of the District Munsif cum Judicial Magistrate Court, Vilathikulam, dated 23.12.2009. 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.R.T. ARIVUKUMAR, Advocate for the petitioner, the court made the following order:- The petitioner herein seeks interim injunction restraining the respondent from interfering with his peaceful possession and enjoyment of the suit property.

2.It is seen from the records that the interim injunction was granted in favour of the petitioner on 19.01.2016 and the same has been extended from time to time and ultimately on 10.03.2016 the interim injunction was extended until further orders. 3.In view of the fact that the petitioner have been enjoying the interim injunction for the past six years, the interim injunction is made absolute.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.245 of 2016 4.Registry is directed to post the Second Appeal for final disposal on 02.02.2023.

sd/- 20/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VILATHIKULAM. 2 THE SUBORDINATE JUDGE, KOVILPATTI.

ORDER

IN CMP(MD) No.245 of 2016 IN SA(MD) No.18 of 2016 Date :20/01/2023 RK/BUC/SAR- 2(27/01/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2