A civil revision petition seeking interim injunction was heard. The court disposed of the pending civil revision application linked to the second appeal, noting that the matter requires decision under the same capacity as the appeal.
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.983 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Tenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.983 of 2018 IN SA(MD) No.56 of 2018
PUDUMAI SAVARIMUTHU
... PETITIONER/APPELLANT/ APPELLANT/PLAINTIFF
Vs
1 SANTHIAGU
2 FATHIMA
3 ROJA
... RESPONDENTS/RESPONDENTS/ RESPONDENTS/DEFENDANTS
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 interim injunction restraining the Respondents 2 and 3 in interfering the Petitioner peaceful possession and enjoyment over the suit properties in O.S.No. 338 of 2011 on the file of the Learned Additional District Munsif, Tenkasi, Tirunelveli District morefully described in the Schedule hereunder, pending disposal of the above Second Appeal.
PRAYER IN SA(MD)No.56 of 2018:
Pleased to allow the above Second Appeal and consequently set aside the decree and judgment of the Learned Additional Subordinate Judge, Tenkasi, Tirunelveli District dated 07.08.2017 made in A.S.No.59 of 2014 confirming the decree and judgment of the Learned Additional District Munsif, Tenkasi, Tirunelveli District dated 10.07.2014 made in O.S.No.338 of 2011 of rejecting the relief of declaration as well as permanent injunction in favour of the Appellant as well as the 1st Respondent in possession and enjoyment the suit property forthwith.
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.S.PALANIVELAYUTHAM, Advocate for the petitioner, the court made the following order:-
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CMP(MD) No.983 of 2018
The matter to be decided in CMP(MD)No.983 of 2018 and the appeal is same. Hence the petition is CMP(MD)No.983 of 2018 is closed.
sd/10/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER IN CMP(MD) No.983 of 2018 IN SA(MD) No.56 of 2018 Date :10/03/2022 MK/PN/SAR-I/14.03.2022/2P/3C
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PUDUMAI SAVARIMUTHU
SANTHIAGU
FATHIMA
ROJA
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
