Madras High CourtCMP(MD)/127/2017closed

O.A.A.Ananthapadamanabhan (Died) v. P.R.Chockalingam

2022-02-22Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.127 & 128 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.127 & 128 of 2017 IN SA(MD) No.6 of 2017 (*)1.O.A.A.ANANTHAPADAMANABHAN CHETTIAR (DIED)

2. MUTHU ADAIKAPPAN ANANTHAPADMANABHAN

3. ANNAMALAI ANANTHAPADMANABHAN

4. SUNDARAM ANANTHAPADMANABHAN CHETTIAR

5. VALLI (*) PETITIONERS 2 TO 5 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE PETITIONER VIDE COURT ORDER DATED 21.12.2021 MADE IN CMP(MD) NO.9762/2021 IN SA(MD) NO.6/2017 BY VBSJ.

... PETITIONERS IN BOTH THE PETITIONS Vs

1. P.R.CHOCKALINGAM

2. N.S.SRIMANTHARAJAN

3. MAITHREYI RAMADURAI

4. M/S AR ADAIKAPPA CHETTIAR CHARITIES TRUST, FIRST PESTALOZZI CHILDRENS VILLAGE OF INDIA, MAGADI ROAD, BAPAGRAM POST, BANGALORE.

(UNDER LAWFUL MANAGEMENT AND CONTROL OF DEFENDANTS 1 TO 3).

5. K.T.S.PALANIYAPPAN

6. M.V.M.MUTHU

7. AL.SARATHAL ACHI ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS 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 herein, their men, agents, servants, subordinates or any other person or persons claiming through them or authorized by them from, in any manner, creating any encumbrance and dealing with the property, which is the subject matter of suit in O.S.No.59/2005 on the file of learned Subordinate Court, pending disposal of the Second Appeal.

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CMP(MD) No.127 & 128 of 2017 SCHEDULE OF PROPERTIES In Sivagangai District, in Karaikudi Taluk, in Pallathur Group, in Pallathur Town Panchayat in Ward No.1 T.S.No.89/9 measuring 38 cents and the buildings and compound walls and vacant site therein the old ward No.7.

Four Boundaries : East of P.RM.P. Street. (Old Name Muthuveerappa Chettiar Street), West of North South Street, (Old Name Vankalathar House and Street), North of House and vacant site of P.Rakkappan Chettiar in T.S.No.89/10, (Old Name Thoppul Narayanan Chettiar House), South of House of V.Salaiyan in T.S.No.89/88 (Old Name Solaiyappa Chettiar House) within this four boundaries, the T.S.No.89/9 measuring 58 cents and the buildings and compound walls and vacant site there in and the door numbers are 13,14,15 and 16. PRAYER IN SA(MD) No.6 of 2017 :

Pleased to call for the records relating to the Judgment and Decree dated 18.07.2016 in A.S.No.20 of 2014 on the file of District Judge, Sivagangai confirming the Judgment and Decree dated 03.10.2013 in OS No.59 of 2005 on the file of Subordinate Judge, Devakottai and set aside the same and thereby allow the Second Appeal.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S. AL.GANTHIMATHI, Advocate for the petitioner in both the petitions, the court made the following order:- The matter to be decided in CMP(MD) Nos.127 & 128 of 2017 and in the second appeal are the same.

Hence, CMP(MD) Nos.127 and 128 of 2017 are closed. sd/- 22/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE DISTRICT JUDGE, SIVAGANGAI.

2. THE SUBORDINATE JUDGE, DEVAKOTTAI.

ORDER IN CMP(MD) No.127 & 128 of 2017 IN SA(MD) No.6 of 2017 Date :22/02/2022 USK/SBN/SAR-II/25.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2