The civil appellate court dismissed a petition for interim injunction. The court observed that no injunction existed during the suit's pendency and the main appeal's hearing was imminent, deeming an interim order unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Twelfth day of June Two Thousand Eighteen
PRESENT
THE HON`BLE MR JUSTICE M.M.SUNDRESH
AND
THE HON`BLE MR JUSTICE N. ANAND VENKATESH
CMP NO.17215 OF 2017
IN OSA.265/2017
G. SUNIL PANICKAR [ PETITIONER ]
Vs
1 G.N. GOMATHY [ RESPONDENTS ]
2 M. VIJAYA
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim injunction restraining the respondents, their representative, men,agent and every person claiming through them in any manner interfering with my peaceful possession and enjoyment of the property being house, ground and premises and part of Old No.5 New No.46, Sadullah street, T.Nagar,Ch-17 measuring an extend of 195 ( out of 390 sq.Ft) in the 6 feet common passage in all measuring 1419 sq.ft more particularly described in the schedule hereunder (CMP.17215/2017) pending disposal of the above OSA.265/2017
SCHEDULE OF PROPERTY XEROX COPY TO BE ATTACHED
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.VIDYA, Advocate for the petitioner and of MR.R.RATHNA THARA, Advocate (Caveator) on behalf of the Respondents the court made the following order:-
From the submissions made, it is seen that there was no injunction pending disposal of the Suit.
In such view of the matter we are not inclined to grant any interim order at this stage, more so, when it is agreed that the main appeal itself can be taken up for final hearing. Hence this petition is dismissed.
-sd/12/06/2018 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE SUB ASSISTANT REGISTRAR, ORGINAL SIDE, HIGH COURT, MADRAS 104.
C.C. to M/S.M.VIDYA Advocate Sr.No.6770
C.C. to MR.R.RATHNA THARA, Advocate Sr.No.6839
Order in CMP.17215/2017 in OSA.265/2017 Date :12/06/2018
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 14/06/2018
1 issue framed by the court
Whether an interim injunction should be granted pending the disposal of the main appeal in a property dispute.
G. SUNIL PANICKAR
G.N. GOMATHY
M. VIJAYA
M.M.SUNDRESH
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
