This petition was dismissed. The Court closed the pending miscellaneous application seeking an ad-interim injunction because the underlying second appeal was ready for arguments.
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.7399 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand and Twenty Two PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.7399 of 2018 IN SA(MD) No.268 of 2018
(*)PITCHAI(DIED)
(*)Cause title accepted vide court order dated 14/12/2017 made in CMP(MD).11056/2017 in SA(MD)SR.No.43809/2017 by SBJ
1.BATHAVIYA
2 SYED ALI
(*)7 ZAHIR HUSSAIN PITCHAI
... PETITIONERS/APPELLANTS
(*)2nd RESPONDENT IS TRANSPOSED AS 7th PETITIONER VIDE COURT ORDER DATED 09.12.2021 MADE IN CMP(MD). 9989/2021 in SA(MD).268/2018 by VBSJ
Vs
1 MARIAPPAN (DIED)
3 KALIAMMAL
... RESPONDENTS/RESPONDENTS
(*)RESPONDENTS 3 TO 7 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1ST RESPONDENT VIDE COURT ORDER DATED 09.12.2021 MADE IN CMP(MD).No.9990/2021 in SA(MD).No.268/2018 BY VBSJ
Petition filed praying that in the circumstances stated therein https://hcservices.ecourts.gov.in/hcservices/ and in the affidavit filed therewith the High Court may be pleased
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CMP(MD) No.7399 of 2018
to grant an Ad-Interim Injunction restraining the respondent from putting up construction in the suit property which is subject matter in O.S.No.20 of 2006 on the file of District Munsif Court, Ramanathapuram pending disposal of the above Second Appeal.
SCHEDULE PROPERTY
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PRAYER IN SA(MD)No.268/2018:
To prefer the above Memorandum of Grounds of Second Appeal against judgment and decree dated 25.08.2014 made in A.S.No.30 of 2011 on the file of Sub-Court, Ramanathapuram, confirming the judgment and decree dated 23.06.2008 made in O.S.No.20 of 2006 on the file of District Munsif Court, Ramanathapuram.
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.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES, for the petitioners and of M/S.V.RAGHAVACHARI,Advocate for the Respondents, the court made the following order:-
The appeal is ready for arguments. Hence this Miscellaneous petition is closed.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SUBORDINATE JUDGE, RAMANATHAPURAM.
2 THE DISTRICT MUNSIF JUDGE, RAMANTHAPURAM. ORDER IN CMP(MD) No.7399 of 2018 IN SA(MD) No.268 of 2018 Date :28/02/2022
https://hcservices.ecourts.gov.in/hcservices/ SA/VR/SAR.3/03.03.2022/2P/3C
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ZAHIR HUSSAIN PITCHAI and others
MARIAPPAN and others
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
