Dismissed

S.Kasilingam v. M.Rajagopal

Madras HC9 Aug 2019CRP(MD)/1595/2007

Case brief

AI extract

What is this about?

Civil revision petition challenging an appellate order regarding a suit dispute over rotating mandagapadi performance rights in suit property. Court directed lower court to dispose of suit within six months, uninfluenced by interim observations.

What did the court decide?

Direction to lower court to dispose of suit within six months, uninfluenced by interim observations; interim arrangement continues.

S.Kasilingam Vs M.Rajagopal — Property and Title | Madras HC (2019)

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C.R.P.(PD)(MD).No.1595 of 2007

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.08.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.S. SUNDAR

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C.R.P.(PD)(MD).No.1595 of 2007

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1.S.Kasilingam

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2.K.Murugan

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3.K.Senthilvel

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4.K.Gopalakrishnan

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5.G.Srinivasan

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6.K.Kannan

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7.M.Anand .. Petitioners/Appellants Vs.

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1.M.Rajagopal

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2.M.Malaisamy 3.M.Subramanian 4.M.Balakrishnan @ Ravi

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5.M.VelMurugan 6.N.Vijayakumar

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7.M.Perumal

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8.M.Rajagopal

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9.S.Thangasamy 10.T.Balasubramanian

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11.T.Murugesan 12.T.Mariappan 13.T.Shanmuganathan 14.T.Chandrasekar 15.P.V.S.Nataraja Konar 16.N.Krishnamoorthy

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17.N.Murugesan 18.N.Bhaskaran 19.S.Mani (Died) 20.Thavidan @ Mahalingam 21.M.Pradeep Kumar .. Respondents/Respondents (R21 is brought on record as Lrs of the deceased R19 per the order dated 10.06.2019 made in C.M.P.(MD).No.1503 of 2012 in C.R.P.(MD). No.1595 of 2007)

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the decree and judgment, dated 17.04.2006 passed in C.M.A.No.27 of 2003 on the file of the Additional District & Sessions Judge / Fast Track Court No.II, Madurai, confirming the fair and executable orders passed dated https://hcservices.ecourts.gov.in/hcservices/ 07.04.2003 in I.A.No.151 of 2003 in O.S.No.311 of 2003 on the file

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C.R.P.(PD)(MD).No.1595 of 2007

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of the II Additional Subordinate Judge of Madurai.

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For Petitioners : Mr.M.Saravanan For Respondents : Mr.J.Bharathan for R2

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Mr.V.Chandrasekaran for R17

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R1, R3 to R16, R20 and R21 No Appearance R19 – Died

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ORDER

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This civil revision petition is directed against the order passed by the lower Appellate Court in the appeal preferred as against the interlocutory application for temporary injunction and to vacate the order passed in the interlocutory application for injunction.

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2.The dispute is about the right to perform mandagapadi in the suit property. It is stated that the plaintiffs have claimed that they belonged to the three branches who entitled to perform mandagapadi. Though they admitted that defendant also belongs to the fourth branch to perform mandagapadi in rotation, the dispute is about the title pleaded by the defendant in the suit. It appears that during the pendency of the suit pursuant to the interim application, the court has made an interim arrangement as to how the mandagapadi should be performed in rotation by the parties.

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3.Learned counsel appearing for the revision petitioner states that this Court may direct the disposal of the suit itself and to direct the parties to maintain status quo. He also requests this Court to observe that the suit may be disposed of on merits uninfluenced by any of the observations made by the Courts below in the interim application for temporary injunction.

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4.The learned counsel for the respondent has no serious objection.

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5.As a result, the interim arrangement that is now continuing as per the interim order of the trial Court granting temporary injunction may continue till the disposal of the suit. The learned Second Additional Sub Judge, Madurai, is directed to dispose of the suit as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order uninfluenced by any of the observations or findings of Courts below while passing orders in the interim application.

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https://hcservices.ecourts.gov.in/hcservices/

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C.R.P.(PD)(MD).No.1595 of 2007

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6.Accordingly, this civil revision petition is disposed of. No costs.

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Assistant Registrar (CS-III)

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// True Copy //

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Sub Assistant Registrar(CS)

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The Additional District and Sessions Judge/ FTC No.II, Madurai

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The II Additional Sub Judge, Madurai.

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Copy to:

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The Section Officer, E.R. Section, Madurai Bench of Madras High Court, Madurai.

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The Section Officer, (2 Copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.R.SUBRAMANIAN, Advocate (SR-81047[F] dated 09/08/2019 )

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C.R.P.(PD)(MD).No.1595 of 2007 09.08.2019

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JMN(22.08.2019) 3P : 7C

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https://hcservices.ecourts.gov.in/hcservices/

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S.Kasilingam v. M.Rajagopal

Case brief

What is this about?

What did the court decide?

S.Kasilingam v. M.Rajagopal

Case brief

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