Civil Miscellaneous Petition filed for interim injunction against construction pending disposal of main revision. Respondent submitted construction completed; court dismissed interim prayer and listed main revision.
Interim injunction prayer dismissed; main revision petition listed for hearing.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Ninth day of March Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.1758 of 2018 IN CRP(MD) No.1353 of 2017
S.SURESH KUMAR ... PETITIONER/PETITIONER
Vs
THE ESTATE OFFICER V.O. CHIDAMBARNAR PORT TRUST, TUTICORIN. ... RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an interim injunction restraining the respondent from effecting any construction in the property subject matter of the present revision in c.r.p(md) no. 1353 of 2017 on the file of this honourable court, pending disposal of the present revision petition and thus render justice.
SCHEDULE OF PROPETY
Land Measuring 1.08 acres in Survey No.952, Melavittan Village2 Tuticorin Taluk, Tuticorin are as follows :
Bounded on North by Survey No.947 Bounded on South by Survey No.956 Bounded on West by Survey No.951 Bounded on East by Survey No.953.
Prayer in CRP(MD). 1353/ 2017 :
To call for records relating to the fair and decreetal order made in CMA.NO.18 of 2017, dated 21/06/2017 made by the Principal District Court cum Appellate Authority, Thoothukudi and set aside the same as illegal.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.M.MAHABOOB ATHIFE, Advocate for M/S.AJMAL ASSOCIATES, Advocate for the petitioner and of MR.A.ARIVU CHANDRAN, Advocate for the Respondent the court made the following order:-
This Civil Miscellaneous Petition has been filed seeking an order of interim injunction restraining the respondent from https://hcservices.ecourts.gov.in/hcservices/ effecting any construction in the subject property, pending disposal of the main revision petition.
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO
THE PRINCIPAL DISTRICT JUDGE CUM APPELLATE AUTHORITY, THOOTHUKUDI
+1. C.C. to MR.A.ARIVU CHANDRAN, Advocate SR.No.3872 GJM/CM/VR/SAR-2-13.3.18-2P-3C
1 issue framed by the court
Whether to grant interim injunction restraining construction pending disposal of the main revision petition.
S.SURESH KUMAR
THE ESTATE OFFICER V.O. CHIDAMBARNAR PORT TRUST, TUTICORIN
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
