Petition filed for infringement proceedings pending against a second appeal. The court held that the petition had remained pending for six years with no utility in keeping it open.
CMP(MD) No.1435 of 2016 stands closed.
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.1435 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Fifteenth day of February Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.1435 of 2016 IN SA(MD) No.58 of 2016
(*)1.KRISHNAVENI (DIED)
(*)AA2 TO 5 ARE BROUGHT ON RECORD AS LRS OF DECEASED SOLE APPELLANT VIDE COURT ORDER DATED 18.02.2020 MADE IN CMP(MD).11934 TO 11936/2019 IN SA (MD).58/2016.
Vs
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of injunction restraining the Respondents herein from disturbing the suit schedule property set out in OS.No.76/2011 on the file of the District Munsif Court, Uthamapalayam, Theni District pending disposal of the above second appeal.
PRAYER IN SA(MD) No.58 of 2016 :
To prefer this Memorandum of Second Appeal against the Judgment and decree dated 28.10.2013 made in A.S.No.17 of 2012 on the file of the Sub Court, Uthamapalayam confirming the Judgment and Decree dated 04.07.2012 made in O.S.No.76 of 2011 on the file of the District Munsif Court, Uthamapalayam, Theni District.
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 M/S.T.LAJAPATHI ROY, Advocate for the petitioner and of on behalf of the Respondents the court made the https://hcservices.ecourts.gov.in/hcservices/ following order:-
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CMP(MD) No.1435 of 2016
This petition is pending for the past six years. There is no use in keeping this petition pending any further. Accordingly, this CMP(MD) No.1435 of 2016 stands closed.
sd/15/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
ENCL : SCHEDULE OF PROPERTY
TO
USK/SBN/SAR-I/18.02.2022/2P/3C
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KRISHNAVENI (DIED) and others
SETHURAMAKRISHNAN and others
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
