Petitions against High Court seeking injunctions on property alterations pending suit appeal. Interim orders granting such relief were made absolute.
Petitions in C.M.P. No.7032 and 7033 of 2016 ordered made absolute by converting interim injunctions. Post to next appeal fixed after four weeks.
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 )
Monday, the Twenty Seventh day of July Two Thousand Twenty PRESENT
The Hon`ble Mr Justice R.MAHADEVAN
CMP.NOS.7032 AND 7033 OF 2016
IN AS.NO.327 OF 2016
R.G.NHAVEENRAJ, [ PETITIONER IN BOTH THE PETITIONS]
Vs
RAJAGOAPL (DIED)
1 SIVAGAMI RAJAGOPALAN [ RESPONDENT IN BOTH THE PETITIONS ]
2 GUGAPRIYA
3 SRIPRIYA
4 BHUVANESWARI
5 K. KARTHIKEYAN
6 J. BABULAL JAIN
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass on order of Injunction restraining the 5 th respondent herein , his men, agents, servants or any body claiming through him from in any manner altering the physical features of the suit properties being the subject matter in O.S.NO.607 OF 2010 on the file of First Additional District Court, Thiuppur, (in CMP.No.70032/2016) Pending disposal of the above A.S. NO 327 OF 2016 and;
(ii) tO pass on order of Injunction restraining the 5 th respondent herein , his men, agents, servants or any body claiming through him from in any manner dealing with the property either by encumnering or otherwise, being the subject matter in O.S.NO 607 OF 2010 on the file of First Additional District Court, Thiuppur, (in CMP.No.7033/2016) Pending disposal of the above A.S. NO 327 OF 2016 respectively.
Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.A.SIVAJI, Advocate for the petitioner in both the Petitions and of MR.D.SELVARAJU Advocate for 5 & 6 respondents in both the Petitions the court made the following order:-
ORDER
In C.M.P.No.7032 of 2016, an interim order was passed on 25.04.2016 to the effect that altering the physical features of the suit properties as prayed for, is subject to the result of the appeal suit. Similarly in C.M.P.No.7033 of 2016, an interim order was passed on 25.04.2016 to the effect that any transaction dealing with the suit property will be subject to the result of the appeal suit. After passing of the above orders, the matter has been kept pending till this date.
2.Interim orders granted in these two petitions are made absolute and accordingly these petitions are ordered. 3.Post the appeal after four weeks. -sd/27/07/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
THE FIRST ADDITIONAL DISTRICT JUDGE, THIRUPPUR.
C.C. to M/S.A.SIVAJI Advocate on payment of necessary charges
The Government Advocate, High Court, Madras - 104.
Order in CMP.NOS.7032 AND 7033 OF 2016 Date :27/07/2020
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 19/08/2020
R.G.NHAVEENRAJ
1 SIVAGAMI RAJAGOPALAN
2 GUGAPRIYA
3 SRIPRIYA
4 BHUVANESWARI
5 K. KARTHIKEYAN
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
