Revision petition under Article 227 seeking time limit for disposing of an injunction application and related survey application in a civil suit regarding disputed ancestral property and construction of a compound wall by the respondent.
Direction to dispose the injunction application expeditiously and to adduce documents in the survey application.
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.
C.R.P. No. 2757 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 2757 of 2023
and C.M.P.No.16997 of 2023
...Petitioners
.Vs.
1.G. Mangayarkarsi
...Respondents
Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to allow this Civil Revision Petition by fixing stipulated time period to dispose the Injunction petition in I.A.No.131 of 2023 in O.S.No.537 of 2023 on the file of II Additional Principal Munsif Court, Puducherry.
For Petitioner : Mr. D. Ajith Kumar for Mr.R.Santhosh
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C.R.P. No. 2757 of 2023
ORDER
This petition is filed to allow this Civil Revision Petition by fixing
stipulated time period to dispose the Injunction petition in I.A.No.131 of 2023 in O.S.No.537 of 2023 on the file of II Additional Principal Munsif Court, Puducherry.
one and there was a error in the Government FMB and the second respondent herein who is a authorized person to demarcate the subject property rectified the defect in the FMB, which was not accepted by the plaintiffs who are the petitioners herein and they sought for further correction to that effect they have also sent a complaint, for which no action was taken till date. When this being the case, the first respondent herein constructed a compound wall in the disputed area. The grievance of the petitioners are that they have approached the concerned police station who have responded that they cannot proceed with the complaint, as the matter is civil in nature and they have also registered a complaint before the
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Director, Land and Survey Department for which no action has been taken till date. Hence, the petitioners have filed I.A.No.131 of 2023 in O.S.No.537 of 2023 on the file of II Additional Principal Munsif Court, Puducherry seeking to pass an order of Exp-Parte, AD Interim Injunction restraining the first respondent/defendant from interfering the petitioner's enjoyment of the suit property and to remove the compound wall laid in the petitioner's properties and the same is pending. Hence this petition.
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C.R.P. No. 2757 of 2023
2023 in O.S.No.537 of 2023 is filed to pass an order of Ex-Parte, AD Interim Injunction restraining the first respondent/defendant and I.A.No.132 of 2023 is filed for appointment of Advocate Commissioner to survey and measure the suit schedule and both the I.A's are pending. Hence this Court directs the petitioner to adduce all the documents to establish his case in I.A.No.132 of 2023 which was filed for appointment of Advocate Commissioner and this Court directs the learned Judge to pass orders in the said Application as per the manner known to law.
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C.R.P. No. 2757 of 2023
24.08.2023
smn Index : Yes/No Internet: Yes/No
To.
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C.R.P. No. 2757 of 2023
V.BHAVANI SUBBAROYAN,J. Smn
C.R.P. No. 2757 of 2023 and C.M.P.No.16997 of 2023
24.08.2023
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3 issues framed by the court
Whether to fix a stipulated time period for disposing of a pending Interim Injunction application in an original suit.
Whether to direct the lower court to expedite the disposal of a related application for appointment of an Advocate Commissioner.
Whether to halt further construction on disputed land by the second respondent without adhering to court directions.
2 provisions across 1 enactments
J. Elizabeth Amirthakannu
D.V. Marie Joseph Divi
J. Lagadeesh Gnanasamy Annoussamy
G. Mangayarkarsi
The Director, Survey and Land Department Puducherry
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
