In a civil revision application, the petitioner sought an interim injunction to restrain the respondent from interfering with his peaceful possession of suit property pending the disposal of a pending second appeal. The single-bench court examined the facts and dismissed the petition for interim injunction.
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.
CMP(MD) No.7962 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand and Twenty One PRESENT
The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
CMP(MD) No.7962 of 2021 in SA(MD)No.507 of 2021
VEERASAMY ... PETITIONER/ APPELLANT
KATHIRVEL ... RESPONDENT/ RESPONDENT
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 respondent and his agent and anybody claiming under the respondent from interfering with petitioners peaceful possession and enjoyment of the subject matter of the suit property in OS No.239 of 2010 on the file of the Principal District Munsif, Kumbakonam till disposal of Second Appeal in SA(MD)No.507 of 2021 pending before this Honourable Court.
Prayer in SA(MD). 507/ 2021 :
To set aside the decree and judgment passed dated 18.08.2020 made in AS No.78 of 2018 on the file of the Additional Sub Court, Kumbakonam, confirming the judgment and decree passed dated 06.09.2018 made in OS No.239 of 2010 on the file of the Principal District Munsif, Kumbakonam and allow this Second Appeal.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.GOMATHI SANKAR, Advocate for the petitioner and of MR.V.RAJIV RUFUS, Advocate for the respondent, the court made the following order:-
The learned counsel for the petitioner would submit that the respondent/plaintiff is attempting to disturb the possession of the petitioner/defendant, and thereby he would seek for injunction.
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CMP(MD) No.7962 of 2021
in possession of the suit property, the appellant/defendant would attempt to disturb possession and it would not be proper in the interest of justice.
sd/-
29/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER
IN CMP(MD) No.7962 of 2021 in SA(MD)No.507 of 2021 Date :29/10/2021
MK/JM/SAR.I/01.11.2021/2P/3C
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1 issue framed by the court
Whether an interim injunction should be granted to restrain the respondent from disturbing possession of suit property pending the disposal of the second appeal?
VEERASAMY
KATHIRVEL
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
