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2025 Supreme(Online)(MAD) 11552

HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J
N.Jeyalakshmi – Appellant
Versus
The Executive Magistrate/Sub Collector, Thrukoilur, Kallakurichi District – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Vijaya Kumar
For the Respondents: Mr.R.Vinothraja, Mr.N.A.Nassir Hussain, Mr.M.Mohammed Fayaz Ali, Mr.Sheik Mohammed Kasim @ Kalu

ORDER

This petition has been filed challenging the order dated

14.10.2024, passed by the first respondent under Section 165 of BNSS, thereby directed the A & B parties to approach the Civil Court to ascertain their right over the property, comprised in Survey No.124/1 and

124/2 to an extent of 2.96 acres situated at T.Keeranur Village, Thirukoilur Taluk, Kallakurichi District. Till then the subject property was directed to be handed over to the B party to maintain status quo with regards to worship.

2. The case of the petitioner is that her father-in-law and her family members are cultivating tenant in respect of the property in Survey No.124/1 and 124/2 to an extent of 2.96 acres situated at T.Keeranur Village, Thirukoilur Taluk, Kallakurichi District and they are regularly paying lease amount to one Mahaboob Basha. There was a dispute in respect of the subject property alleging that the seventh respondent attempted to trespass into the subject property in the name of Ahala Sunnath Jamath. Therefore, the petitioner’s father-in-law filed suit in O.S.No.189 of 1990 on the file of the learned Subordinate Judge, Villupuram and obtained interim injunction as against the said Ahal Sunnath

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