The Madras High Court dismissed a Civil Miscellaneous Petition seeking an injunction regarding property construction when the petitioner sought to withdraw the petition to correct the schedule of properties.
The petition was dismissed as withdrawn with liberty to file a fresh application after correcting the schedule.
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.9331 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand and Twenty One PRESENT
The Hon`ble Ms.Justice P.T.ASHA
CMP(MD) No.9331 of 2021
IN CRP(MD)No.1749 of 2021
RAJAYYAN ROBIN @ THANKAPAPPAN (DIED)
1 ESTHER WILSY
2 NALINI ROBIN
3 MALINI ROBIN
4 SHALINI ROBIN
5 AMUDINI JEYAPRAKASH ... PETITIONERS/PROPOSED PETITIONERS
Vs 1 P.BABY STELLA (P1)
2 AJI,(P2) 3 VARGHEESE,(R2)
4 THANGARAJ,(R3) 5 N.RENGASAMY (R4) 6 N.RAMASWAMY (R5) 7 GNANAMMAL,(R6)
8 DEVADHAS,(R7) 9 V.THANGASWAMY,(R4) ... RESPONDENTS/RESPONDENTS
( ***)Cause title accepted vide court order dated 28.09.2021 made in CMP(MD)Nos.7835&7843/2021 in CRP(MD).SR.Nos.18180 & 18182/2019**
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 injunction against the contesting Respondents 1 and 2 and also restraint their henchmen, servants or agents from making any construction or alteration in the scheduled property in OS No.484 of 1961 on the file of Principal District Munsif Court, Kuzhithurai till the disposal of this petition.
Prayer in CRP(MD). 1749/ 2021 :
Pleased to call for the records and set aside the fair and decreetal order passed in EA No.132 of 2018 in EP No.10 of 2016 in OS No.484 of 1961 dated 25.01.2019 by the learned Principal District Munsif, Kuzhithurai, Kanyakumari District and allow this Civil Revision with costs throughout.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://hcservices.ecourts.gov.in/hcservices/
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CMP(MD) No.9331 of 2021
upon hearing the arguments of M/S.T.S.R.VENKAT RAMANA, Advocate for the petitioner, the court made the following order:-
When the matter is taken up for hearing, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this petition in order to correct the schedule of properties given in the petition. He has also made an endorsement to that effect.
2.Accepting the request, this petition stands dismissed as withdrawn with liberty to the petitioners to file a fresh application.
sd/-
17/11/2021 / TRUE COPY / / /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE PRINCIPAL DISTRICT MUNSIF KUZHITHURAI.
ORDER IN CMP(MD) No.9331 of 2021 IN CRP(MD)No.1749 of 2021 Date :17/11/2021 SA/VR/SAR.2/23.11.2021/2P/2C
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RAJAYYAN ROBIN @ THANKAPAPPAN (DIED) AND OTHERS
P.BABY STELLA
AJI
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
