IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2021 CORAM THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(PD)No.3567 of 2016 and C.M.P.No.18206 of 2016
1. Narayana Krishnan
2. Sujatha Krishnan ... Petitioners Vs.
1. The Tamil Nadu Electricity Board (TNEB) 2. The Tamil Nadu Transmission Corporation (TANTRANSCO), Both being independently constituted Boards-
Corporations and both represented by the Said Corporations with their offices at Anna Salai, Chennai.
3. The Executive Engineer, Tower Line Constructions, TNEB Power House, Mettupalayam Post, Coimbatore District. ... Respondents Prayer:- Civil Revision Petition is filed under Section 115 of C.P.C., to set aside judgment and decree dated 17.06.2016 made in C.M.A.No.63 of 2011 on the file of the learned District Judge of the Nilgiris, Udhagamandalam, confirming the judgment and decree dated 27.07.2011 and made in I.A.No.879 of 2010 in O.S.No.114 of 2009 on the file of the learned Subordinate Judge, Udhagamandalam.
For Petitioners : Mr.B.Ramamoorthy For Respondents : Mr.V.Viswanathan
ORDER
The Civil Revision Petition is directed as against the judgment and decree dated 17.06.2016 passed by the learned District Judge, Nilgiris, Udhagamandalam in C.M.A.No.63 of 2011, confirming the judgment and decree dated 27.07.2011 passed by the learned Subordinate Judge, Udhagamandalam, in I.A.No.879 of 2010 in O.S.No.114 of 2009, thereby dismissing the petition filed by the petitioners for injunction.
2. The petitioners are the plaintiffs. They filed suit in O.S.No.114 of 2009, as against the respondents for permanent injunction restraining the respondents herein from interfering with the petitioner's possession and enjoyment of the property either by way of construction of pylons for power lines or high tension lines or towers, taking high tension electric power lines or in any other manner whatsoever in over or upon the suit schedule property. Along with the suit, the petitioners filed an application for interim injunction in I.A.No.879 of 2009. Though initially exparte injunction was granted in favour of the petitioners herein, by an order dated 27.07.2011, the petition for interim injunction was dismissed. Aggrieved by the same the petitioners filed an appeal in C.M.A.No.63 of 2011 and the same was also dismissed by confirming the order passed by the trial Court. As against which, the present Civil Revision Petition.
3. The petitioners had already filed Civil Revision Petition before this Court in C.R.P.3731 of 2010 as against the order of not extending the interim injunction in I.A.No.879 of 2009. This Court by an order dated 07.03.2011, set aside the said order and also directed the trial Court to dispose the application in I.A.No.879 of 2009 within a period of one month.
4. It is also seen that the main suit itself for permanent injunction and it is pending from the year 2009. While ordering notice in the present Civil Revision Petition, this Court ordered both the parties to maintain status quo. Considering the above facts, the parties are directed to maintain status quo of the suit property as on date and the trial Court viz., the learned Subordinate Judge, Udhagamandalam is directed to dispose the main suit in O.S.No.114 of 2009 within a period of three months from the date of receipt of a copy of this Order.
6. With the above directions, the Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
03.02.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To
1. The District Judge, Nilgiris, Udhagamandalam.
2. The Subordinate Judge, Udhagamandalam
3. The Section Officer, V.R. Section, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts and C.M.P.No.18206 of 2016
03.02.2021
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