The High Court disposed of a petition for temporary injunction filed in 2005 to restrain interference with suit property possession pending an appeal, noting no prior interim order existed despite the petition being pending since January 2005.
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.4385 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Ninth day of February Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD) No.4385 of 2005 IN SA(MD) No.588 of 2005
1 PECHIAMMAL 2 SELLAMANI 3 MURUGAN 4 VELMURUGAN 5 PALANIMURUGAN 6 SITHIAMMAL 7 SUBBULAKSHMI 8 DHANALAKSHMI ... PETITIONERS/APPELLANTS Vs 1 C.KARUPPUSAMI 2 ROTTI @ SITHAN ()3 SANKAR @ SUBBIAH (DIED) 4 MARIMUTHU (**)5 SUBBIAH (DIED) 6 MADURAI ARULMIGHU TAMIL THIRUGNANASAMBANTHA SWAMIGAL ATHEENAM, THROUGH ITS ATHEENA KARTHAR, NO.73, SOUTH AVANI MOOLA STREET, MADURAI-1. ... RESPONDENTS/RESPONDENTS 7 NALLAL 8 KARUPPUSAMY 9 AZHAGU NACHI 10 ROJA ... RESPONDENTS 7 TO 10 ()RESPONDENTS 7 TO 10 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 3rd RESPONDENT VIDE COURT ORDER DATED 16.12.2022 MADE IN MP(MD) NOS.1 TO 6 OF 2015 IN SA(MD) NO.588 OF 2005 BY SSJ.
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CMP(MD) No.4385 of 2005
11 SANKARAAI 12 MURUGAN 13 PALANIAMMAL 14 MAYILAMMAL
... RESPONDENTS 11 TO 14
(**)RESPONDENTS 11 TO 14 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 5th RESPONDENT VIDE COURT ORDER DATED 16.12.2022 MADE IN MP (MD) NOS.1 TO 6 OF 2015 IN SA(MD) NO.588 OF 2005 BY SSJ.
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 Temporary Injunction restraining the defendants from interfering with the exclusive possession and enjoyment of the petitioners/appellants of the suit property lands, pending disposal of the above second appeal filed against the Judgment and Decreetal order in AS.53/2003 dated 25/11/2004, on the file of the Subordinate Court, Sivagangai, in OS.106/2001 on the file of the District Munsif Court, Sivagangai dated 17/12/2002.
PRAYER IN SA(MD).588/2005:
Pleased to prefer this Memorandum of Grounds of Second Appeal against the decree and judgment made in A.S.No.53 of 2003 dated 25.11.2004 on the file of the Subordinate Judge, Sivaganga in O.S.No.106 of 2001 on the file of the Additional District Munsif Court, Manamadurai dated 17.12.2002.
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.RAMESH, Advocate for the petitioner, the court made the following order:-
This petition is filed seeking injunction restraining the respondents from interfering with the petitioner's peaceful possession and enjoyment.
Though this petition was filed as early as on 27th January, 2005, till date there is no interim order. Hence, this petition is closed.
sd/-
09/02/2023
/ TRUE COPY /
/02/2023
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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CMP(MD) No.4385 of 2005
ABR TO
1 THE SUBORDINATE JUDGE, SIVAGANGAI.
ORDER
SA/VR/SAR.3/16.02.2023/3P/3C
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1 issue framed by the court
Whether to grant a temporary injunction restraining respondents from interfering with possession pending disposal of appeal.
PECHIAMMAL etc.
C.KARUPPUSAMI etc.
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
