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Madras High CourtCMP(MD)/12475/2018closed

V.Vinotha, v. Vinayagam,

2021-01-29Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR IN AS(MD) No.218 of 2018 1 V.VINOTHA 2 V.VISHAL (MINOR) S/O.VINAYAGAM, (REPRESENTED BY HIS MOTHER N.INDIRA) ... PETITIONERS/APPELLANTS Vs 1 VINAYAGAM 2 ST.ALPHONSA HIGHER SECONDARY SCHOOL, REP. BY, ITS CORRESPONDENT REV.THOMAS POUTH PARAMBIL, NO.8, A.R.CAMP ROAD, NAGERCOIL VILLAGE, AGASTEESWARAM TALUK, KANYAKUMARI DISTRICT.

3 V.SUJATHA ... RESPONDENTS/RESPONDENTS 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 INTERIM INJUNCTION restraining the respondents from altering the physical features of the suit properties or alienating the same or creating any 3rd party rights to others in respect of the suit schedule properties which is the subject matter of the suit in O.S.No.92 of 2017 on the file of Principal District and Sessions Judge, Kanyakumari District at Nagercoil, as this Honourable Court may deems fit and proper in the circumstances of the case.

SCHEDULE OF PROPERTIES Item No.I District : Kanyakumari Registration District : Kanyakumari Taluk : Agastheeswaram Village : Nagercoil Resurvey No : N-2/176 1/3

Area : 4 1⁄2 cents Description : 4 1⁄2 cents of property with building bearing No.NMC 49/138 with electric fittings.

Boundaries North : Street West : Street South : Ulagudaya Nadar's property East : Street Item No.II District : Kanyakumari Registration District : Kanyakumari Taluk : Agastheeswaram Village : Nagercoil South Resurvey No : N-3-8/1 Area : 3.5 cents Description : 3.5 cents of vacant site.

Boundaries North : Property of Alphonsa Higher Secondary School West : Property of Alphonsa Higher Secondary School South : Property of Alphonsa Higher Secondary School East : Property of Alphonsa Higher Secondary School PRAYER IN AS(MD) No.218 of 2018:

To set aside the judgment and decree dated 13.07.2018 passed in O.S.No.92 of 2017 on the file of Principal District Judge, Kanyakumari Division at Nagercoil.

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 Mr. M.P. SENTHIL, Advocate for the petitioners and of Mr.R.MURUGAN, Advocate for the 2nd Respondent, the Court made the following order:- Since the main Appeal Suit is posted for final hearing on 26.02.2021, the learned counsel for the petitioners is not seriously pressing this petition and therefore, this Miscellaneous Petition is closed.

sd/- 29/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE PRINCIPAL DISTRICT JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

ORDER

IN IN AS(MD) No.218 of 2018 Date :29/01/2021 vsm AE/JC/SAR-III (03/02/2021) 3P / 2C 3/3