Petition for interim injunction regarding property alienation in a civil suit. Court closed the petition noting the matter is subsumed by the pending second appeal.
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CMP(MD) No.2191 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Fourteenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.2191 of 2022
in
SA(MD) No.764 of 2016
1 DALAVOY K.SHANMUGANATHAN
2 V.R.SUBBIAH 3 T.S.SUBRAMANIAN ... PETITIONERS/APPELLANTS
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 respondents 1 and 2, their men, agents or servants or anyone claiming under him from in any manner alienating or encumberin or altering the physical structures of properties which are the subject matter of OS No. 500 of 2006 on the file of the II Additional District Munsif, Tirunelveli, pending disposal of the above said second appeal.
DESCRIPTION OF PROPERTIES
Item No.1 - Palayamkottai Taluk, Ariyakulam Village, Surevey No.318/1, Punja 0.65. Hectare (Patta No.510 belongs to the 1st plaintiff)
Item No.2 - Palayamkottai Taluk, Ariyakulam Village, S.No.318/2, 0.56.0 Hectare, (Patta No.507 belongs to the 2nd Plaintiff)
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CMP(MD) No.2191 of 2022
PRAYER IN SA(MD) No.764 of 2016:
To setaside the judgment and decree dated 16.09.2014 in A.S.No.30 of 2012 on the file of the Learned additional Sub Ordinate Judge, Tirunelveli confirming the judgment and decree dated 14.10.2011 in O.S.No.500 of 2006 on the file of the Learned II Additional District Munsif, Tirunelveli.
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.VR.SHANMUGANATHAN, Advocate for the petitioner, the court made the following order:-
The matter to be decided in CMP(MD)No.2191/2022 and in the Second Appeal is the same.
Hence, this CMP is closed.
sd/-
14/03/2022
/ TRUE COPY /
/ /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023. TO
1 THE SUBORDINATE JUDGE, TIRUNELVELI. 2 THE II ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI.
ORDER
IN CMP(MD) No.2191 of 2022 in SA(MD) No.764 of 2016
Date :14/03/2022
RS/SBN/SAR.1(15.03.2022) 2P-3C
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Dalavoy K. Shanmuganathan
V.R. Subbiah
T.S. Subramanian
L. Malaipetchi
P. Saravanan Kumar
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
