St.Mary'S Church vs Muthurangan on 5 March, 2019

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Madras High Court

St.Mary'S Church vs Muthurangan on 5 March, 2019

Bench: P.T. Asha

                                                          1



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.03.2019

                                                      CORAM

                                  THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                             C.R.P(PD).No.844 of 2019
                                                        &
                                              C.M.P.No.5492 of 2019


                      1.St.Mary's Church
                        Mayiladuthurai Municipality and Town
                        Represented by its
                        Administrator and Superior

                      2.St.Pauls Higher Secondary School,
                        Mayiladuthurai Municipality and Town
                        Represented by its
                        Administrator and Superior                            ...Petitioners

                                                         Vs


                      Muthurangan                                           ... Respondent



                      Prayer: Civil Revision Petition is filed under Section 115 of the Code of

                      Civil Procedure against the fair and decreetal order dated 03.12.2018

                      made in C.M.A.No.7 of 2017 on the file of the Principal Subordinate

                      Judge, Mayiladuthurai in reversing the fair and decreetal order dated




http://www.judis.nic.in
                                                           2

                      17.07.2017 made in I.A.No.592 of 2016 in O.S.No.209 of 2016 on the

                      file of the Principal District Munsif Court, Mayiladuthurai.



                                  For Petitioners    :      Mr.C.Prabakaran



                                                         ORDER

The above Civil Revision Petition is filed challenging the order of injunction which is granted by the Principal Subordinate Judge, Mayiladuthurai, in C.M.A.No.7 of 2017 reversing the order of the the learned principal District Munsif, Mayiladuthurai in I.A.No.592 of 2016 in O.S.No.209 of 2016.

2.The learned Principal Subordinate Judge, Mayiladuthurai, has proceeded to grant the interim order on the admission by the defendant in the evidence and the fact that the Section 106 notice under the Transfer of Property Act, been issued by the revision petitioner to the respondent, which clearly shows that the respondent is in possession of the suit property. http://www.judis.nic.in 3

3.Therefore, there can be no quarrel in the findings rendered by the learned Principal Subordinate Judge, Mayiladuthurai and the Civil Revision Petition deserves to be rejected. The Civil Revision Petition accordingly stands dismissed. There shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is also closed.

However, considering the fact that the suit is of the year 2016 the learned Principal District Munsif, Mayiladuthurai is directed to dispose of the suit within a period of five months from the date of receipt of a copy of the order.

05.03.2019 kan Index : Yes/No Speaking order/non-speaking order To,

1.The Principal Subordinate Judge, Mayiladuthurai.

2.The Principal District Munsif Court, Mayiladuthurai.

http://www.judis.nic.in 4 P.T.ASHA, J., kan C.R.P(PD).No.844 of 2019 & C.M.P.No.5492 of 2019 05.03.2019 http://www.judis.nic.in

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