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2017 Supreme(Mad) 1074

M.DURAISWAMY
R. Savitha – Appellant
Versus
Commissioner of Police, Hozur Road, Coimbatore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.N.Manokaran
For the Respondents: Mr.A.N.Thambidurai, Mr.K.Rajasekaran

ORDER :

Since the issue involved in both the writ petitions are common, by consent of both the parties, both the writ petitions are disposed of by this common order.

2. The petitioners have filed the above writ petitions to issue writs of mandamus, forbearing the 2nd respondent from harassing the petitioners under the guise of interfering with the civil dispute between the petitioners and the respondents 3 to 5 in respect of the property measuring an extent of 528 Sq.ft. comprised in T.S.No.7/17, Devanga High School Road, R.S.Puram, Coimbatore City, pursuant to the summons issued under Sections 160 and 91 Crl.P.C. dated 26.08.2016 and 12.09.2016.

3. The brief case of the petitioners necessary for the disposal of the writ petitions, is as follows:-

(i) The petitioner in W.P.No.35043 of 2016, viz., R.Savitha, is the wife of one P.M.Rajamanickam. The petitioner in W.P.No.35044 of 2016, viz., R.Prabu, is the son of R.Savitha and P.M.Rajamanickam.

(ii) According to the petitioners, one P.Subburaju, who is the paternal grand-father of Savitha, being the absolute owner of the land measuring 4840 sq.ft., comprised in T.S.No.7/17, Coimbatore City, executed a registered Will dated 30.01.1985 in f
















































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