This civil revision petition challenged the confirmation of a temporary injunction by lower courts. The High Court held that since the injunction is valid and in operation for 10 years, the order cannot be interfered with.
The Civil Revision Petition is dismissed; the temporary injunction order remains in force.
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.(PD).No.1757 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(PD).No.1757 of 2018 and
C.M.P.No.9784 of 2018
1.R.Chinnasamy (Died)
2.Pavayammal
3.Punitha
... Petitioners
(P-1. Viz., R.Chinnasamy vide Court order dated 10.06.2022 made in CMP No.14596 of 2021 in CRP No.1757 of 2018)
vs
1.Subramaniam
2.Rajamani (Died)
3.Thirumoorthy
4.Valiammal
5.Sudha
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C.R.P.(PD).No.1757 of 2018
6.Minor Kanika
7.Minor R.Sarvika Minors 6 and 7 rep. by their Guardian/Mother Sudha. ... Respondents
(Respondents 4 to 7 brought on record as LRs of the deceased R- 2 Viz., V.Rajamani vide Court order dated 10.06.2022 made in CMP No.13216 of 2018 in CRP No.1757 of 2018)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 14.09.2017 made in C.M.A.No.2 of 2015 on the file of the learned Sub Court, Dharapuram confirming the fair and decreetal order dated 06.01.2015 made in I.A.No.491 of 2013 in O.S.No.178 of 2013 on the file of the learned District Munsif Court, Dharapuram.
For Petitioners : Mr.N.Manokaran For R1 and R3 : Not Ready in Notice For R2 : Dismissed For R4 and R5 : No Appearance For R6 and R7 : Minors rep. by R5
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C.R.P.(PD).No.1757 of 2018
ORDER
The Civil Revision Petition is filed challenging the dismissal of the appeal filed by the petitioners 1 and 2 confirming the temporary injunction granted by the Trial Court in I.A.No.491 of 2013 pending disposal of the main suit in O.S.No.178 of 2013.
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C.R.P.(PD).No.1757 of 2018
injunction. Aggrieved by the same, the petitioners 1 and 2 have come by way of this civil revision petition.
The Trial Court granted temporary injunction restraining the petitioners herein from alienating the suit property on 06.01.2015 and the said order of temporary injunction has been in operation for the past 10 years till today.
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C.R.P.(PD).No.1757 of 2018
14.03.2024
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
To
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C.R.P.(PD).No.1757 of 2018
S.SOUNTHAR, J.
dm
C.R.P.(PD).No.1757 of 2018
14.03.2024
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1 issue framed by the court
Whether the High Court should interfere with the trial court's temporary injunction order against the petitioners to maintain status quo ante.
R.Chinnasamy (Died)
Pavayammal
Punitha
Subramaniam
Rajamani (Died)
Thirumoorthy
S. SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
