Dismissed¶¶9

Arulmigu Somanatha Swami v. the Special Commissioner and

Madras HC20 Feb 2025OA/476/2013

Case brief

AI extract

What is this about?

Refusal/dismissal of interim injunction applications; restraint on registration of instrument or deed of conveyance; restraint on alienation, encumbrance and construction activity; protection of peaceful possession and enjoyment; Survey Nos.138/2 and 6/8, No.65 Kolathur Village, Chennai 600 099, Block No.25; extents 5 Acres 63 cents and 1 Acre 70 cents; suit ripe for trial; OA.Nos.476, 477, 309, 310 of 2013; OA.No.278 of 2024; CS.No.403 of 2013; C.S.No.284 of 2013; WP.No.13182 of 2024 dismissed by Division Bench 05.02.2025; interim order dated 16.07.2024 vacated; Madras High Court; A.A.NAKKIRAN, J.; decided 20.02.2025.

What did the court decide?

The interim injunction applications OA.Nos.476, 477, 309 and 310 of 2013 are dismissed because, on perusal of records, the underlying suit itself is ripe for trial. ¶¶9

Arulmigu Somanatha Swami Vs the Special Commissioner and — Madras HC (2025) — LawSathi Research

¶1

OA.Nos.476, 477 of 2013 & OA.No.278 of 2024 in CS.No.403 of 2013 and OA.Nos. 309 & 310 of 2013 in C.S.No.284 of 2013

¶2

A.A.NAKKIRAN, J.

¶3

OA.No.476 of 2013 has been filed to grant an order of interim injunction restraining the 4^th respondent/defendant from registering any instrument or deed of conveyance in respect of Survey Nos.138/2 in No.65 Kolathur Village, Chennai 600 099 in Block No.25 measuring together an extent of 5 Acres, 63 cents.

¶4

OA.No.477 of 2013 has been filed to grant an order of interim injunction restraining the respondents 5 and 6 from interfering with the peaceful possession and enjoyment of the suit property in Survey No.138/2 measuring an extent of Acres 5 and 63 cents in No.65, Kolathur Village, Chennai 99 in Block No.25.

¶5

OA.No.309 of 2013 has been filed to grant an order of interim injunction restraining the 4^th respondent/defendant from registering any instrument or deed of conveyance in respect of Survey Nos.6/8 in No.65 Kolathur Village, Chennai 600 099 in Block No.25 measuring together an extent of 1 Acres, 70 cents.

¶6

OA.No.310 of 2013 has been filed to grant an order of interim injunction restraining the respondents 5 and 6 from interfering with the peaceful possession and enjoyment of the suit property in Survey No.6/8 in No.65 https://www.mhc.tn.gov.in/judis Kolathur Village, Chennai 99 in Block No.25 measuring together an extent of 1

¶7

Acres, 70 cents.

¶8

Heard both sides.

¶9

On perusal of records, it is seen that the suit itself is riped for trial and hence, these applications are dismissed.

¶10

In OA.No.278 of 2024 :

¶11

This application has been filed to grant an interim injunction restraining the respondents, their men, agents, servants, etc., from in any manner alienating or encumbering or carrying any construction activity in the applicants property

¶12

morefully described in the schedule to the Judge's Summons pending disposal of the above suit.

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