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2015 Supreme(Mad) 3255

D.HARIPARANTHAMAN
R. Govindarajan – Appellant
Versus
P. Saravanan – Respondent


Advocates Appeared:
For The Petitioners: Mr. T.Sundaranathan
For The Respondent: Mr. S.M.Muralidharan

ORDER

The defendants in O.S.No.487 of 2014 on the file of learned Principal District Munsif, Alandur are the revision petitioners herein. The respondent herein is the plaintiff therein. The suit is for permanent injunction.

2. The respondent / plaintiff filed I.A.No.879 of 2014 under Order XXXIX Rule 1 and 2 of C.P.C. for interim injunction and the Trial Court has granted an order of interim injunction. Thereafter, the revision petitioners filed I.A.No.962/2014 under Order XXXIX Rule 4 of C.P.C. to vacate the said order of interim injunction.

3. A common order dated 23.07.2014 was passed in I.A.Nos.879 and 962 of 2014. It is relevant to extract hereunder paragraph No.6 of the order dated 23.07.2014 passed in I.A.Nos.879 and 962 of 2014:-

The aforesaid passage makes it clear that the Trial Court directed the respondent / plaintiff not to proceed with the further construction.

4. In these circumstances, the revision petitioners filed I.A.No.1202 of 2014 to appoint an Advocate Commissioner to note down the status of the construction. But, the Trial Court rejected the application in I.A.No.1202 of 2014 in O.S.No.487 of 2014 on 24.11.2014. Hence, the present Civil Revision Petition.

5. H





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