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President Gounder Vs Chinnathambi Gounder — Madras HC (2026) — LawSathi Research

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Madras HC
2026
President Gounder Vs Chinnathambi GounderPresident Gounder v. Chinnathambi Gounder

Disposed¶41

President Gounder v. Chinnathambi Gounder

Madras HC12 Mar 2026CMP/6009/2003

Case brief

AI extract

What is this about?

Madras High Court; CMP No.6009 of 2003 in S.A.No.634 of 2003; order dated 12.03.2026 by Justice R. Sakthivel; ad-interim injunction petition under Order XXXIX Rules 1 and 2 CPC 1908; suit property Sy.No.129/9B, 130; subject matter of O.S.No.259 of 1995, Principal District Munsif, Tirukoilur; petitioner/appellant President Gounder; respondents Chinnathambi Gounder (died), Gunasekaran, Chenthamarai, Lakshmanan (died), Chandra, Elayaraja, Shanthi, Malar, Kuppu, Rani; LRs brought on record 08.02.2023 in CMP Nos.5213, 5214, 5215, 5217 of 2019; no interim injunction granted since filing on 18.11.2002; petition closed considering age of second appeal; advocates: V. Srimathi for petitioner, K. Raju for A.R. Nixon for respondents 2 and 3.

What did the court decide?

Considering the age of the Second Appeal, the Court held that the Civil Miscellaneous Petition need not be kept alive and accordingly closed it; no ad-interim injunction was granted.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether an ad-interim injunction should be granted in favour of the petitioner restraining the respondents, their men, agents, servants and subordinates, from interfering with the peaceful possession and enjoyment of the suit property (Sy.No.129/9B, 130), the subject matter of O.S.No.259 of 1995, pending disposal of the second appeal.

Court's answer

Considering the age of the Second Appeal, the Court held that the Civil Miscellaneous Petition need not be kept alive and accordingly closed it; no ad-interim injunction was granted.

Detailed headnote1 paragraphs

Madras High Court (R. Sakthivel, J.), order dated 12.03.2026 in CMP No.6009 of 2003 in S.A.No.634 of 2003: The petition, filed on November 18, 2002 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 by the petitioner/appellant (President Gounder) seeking an ad-interim injunction restraining respondents 1-10 from interfering with his peaceful possession and enjoyment of the suit property bearing Sy.No.129/9B, 130 - the subject matter of O.S.No.259 of 1995 on the file of the Principal District Munsif, Tirukoilur - pending disposal of the second appeal, had remained unoperated, no interim injunction having been granted till date. Held, considering the age of the Second Appeal, the Civil Miscellaneous Petition need not be kept alive and was accordingly closed, without granting any interim relief.

A

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2026

CORAM

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

CMP NO.6009 OF 2003

IN

S.A.NO.634 OF 2003

President Gounder S/o.Subburaya Gounder Kadayam Village, Villupuram Taluk & District.

… Petitioner / Appellant Vs.

1.Chinnathambi Gounder (Died) S/o. Subburaya Gounder

2.Gunasekaran S/o. Chinnakannu

3.Chenthamarai W/o. Gunasekaran 4.Lakshmanan (Died) S/o. Govinda Gounder … Respondents / Respondents All are residing at Kadayam Village, Villupuram Taluk & District.

Page No.1 of 6

https://www.mhc.tn.gov.in/judis

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

5.Chandra

W/o. Late Chinnathambi Gounder

6.Elayaraja

S/o. Late Chinnathambi Gounder

7.Shanthi W/o. Ashok

8.Malar W/o. Palanivel

9.Kuppu W/o. Late Lakshmanan

10.Rani

W/o. Murugesan

… Respondents

R1 died, R5 to R8 brought on record as LRs’ of the deceased R1 and R4 died, R9 and R10 brought on record as LRs’ of the deceased R4 vide Court Order dated February 8, 2023 made in CMP Nos.5213, 5214, 5215 and 5217 of 2019 in S.A.No.634 of 2003

PRAYER: Civil Miscellaneous Petition filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to grant an order of ad interim injunction restraining the respondents their men, agents, servants and subordinate from interfering with the peaceful possession and enjoyment of the Suit Property as morefully described in the petition bearing Sy. No.129/9B, 130 which is the subject matter in O.S.No.259 of 1995 on the file of the Principal District Munsif, Tirukoilur, pending disposal of the second appeal.

https://www.mhc.tn.gov.in/judis

For Petitioner : Ms.V.Srimathi For Respondents 2&3: Mr.K.Raju for Mr.A.R.Nixon

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

O R D E R

Heard Ms.V.Srimathi, Counsel on record for the petitioner and Mr.K.Raju, representing Mr.A.R.Nixon, Counsel on record for the respondents 2 and 3.

2.This Court has perused the affidavit filed in support of this

Civil Miscellaneous Petition.

3.This Civil Miscellaneous Petition has been filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 on November 18, 2002 seeking an ad-interim injunction in favour of the petitioner and against the respondents. But till date, no interim injunction was granted in this Civil Miscellaneous Petition.

Page No.3 of 6

https://www.mhc.tn.gov.in/judis

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

4.Considering the age of the Second Appeal, this Court is of the

view that this Civil Miscellaneous Petition need not be kept alive. Accordingly, this Civil Miscellaneous Petition is closed.

12.03.2026

TK

To

The Principal District Munsif Tirukoilur.

https://www.mhc.tn.gov.in/judis

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

Page No.5 of 6

https://www.mhc.tn.gov.in/judis

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

R. SAKTHIVEL, J.

TK

CMP NO.6009 OF 2003 IN S.A.NO.634 OF 2003

12.03.2026

(3/3)

https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether an ad-interim injunction should be granted in favour of the petitioner restraining the respondents, their men, agents, servants and subordinates, from interfering with the peaceful possession and enjoyment of the suit property (Sy.No.129/9B, 130), the subject matter of O.S.No.259 of 1995, pending disposal of the second appeal.¶28
The court held
Considering the age of the Second Appeal, the Court held that the Civil Miscellaneous Petition need not be kept alive and accordingly closed it; no ad-interim injunction was granted.ratio¶41

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Order XXXIX Rules 1 and 2¶36

Procedural history

How this case reached the court

AI extract

Prior proceeding
The suit property (Sy.No.129/9B, 130) is the subject matter of O.S.No.259 of 1995 on the file of the Principal District Munsif, Tirukoilur; the present CMP lies in S.A.No.634 of 2003, which is pending disposal.¶28
Prior proceeding
The CMP was filed on November 18, 2002 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 seeking an ad-interim injunction in favour of the petitioner and against the respondents.¶36
Prior proceeding
No interim injunction had been granted in the CMP till the date of this order.¶36
Prior proceeding
Legal representatives of deceased R1 (R5 to R8) and of deceased R4 (R9 and R10) were brought on record vide Court Order dated February 8, 2023 made in CMP Nos.5213, 5214, 5215 and 5217 of 2019 in S.A.No.634 of 2003.¶27

Parties & counsel

AI extract

petitioner
President Gounder S/o.Subburaya Gounder¶9
Ms.V.Srimathi
respondent
Chinnathambi Gounder (Died) S/o. Subburaya Gounder¶11
respondent
Gunasekaran S/o. Chinnakannu¶12
Mr.K.Raju, Mr.A.R.Nixon
respondent
Chenthamarai W/o. Gunasekaran¶13
Mr.K.Raju, Mr.A.R.Nixon
respondent
Lakshmanan (Died) S/o. Govinda Gounder¶13
respondent
Chandra W/o. Late Chinnathambi Gounder¶17
respondent
Elayaraja S/o. Late Chinnathambi Gounder¶19
respondent
Shanthi W/o. Ashok¶21
respondent
Malar W/o. Palanivel¶22
respondent
Kuppu W/o. Late Lakshmanan¶23
respondent
Rani W/o. Murugesan¶24

Coram

AI extract

R.SAKTHIVELauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 12 Mar 2026 · March
Registered: 18 Feb 2002
Case no.: CMP/6009/2003
CNR: HCMA010055552003
Bench: R.sakthivel
Disposal: CLOSED
Case type: CMP

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Cite this judgement

President Gounder v. Chinnathambi Gounder, CMP/6009/2003 (MAD), decided on 12 March 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908Order XXXIX Rules 1 and 2

View all statutes

Procedural history4

The suit property (Sy.No.129/9B, 130) is the subject matter of O.S.No.259 of 1995 on the file of the Principal District Munsif, Tirukoilur; the present CMP lies in S.A.No.634 of 2003, which is pending disposal.
The CMP was filed on November 18, 2002 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 seeking an ad-interim injunction in favour of the petitioner and against the respondents.

View full history

Bench / Coram

R.SAKTHIVEL

Parties & counsel