Anto vs St.Antony'S Church
2021 Latest Caselaw 23705 Mad

                                                                         C.R.P.(MD) No.893 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 02.12.2021

                                                      CORAM :

                                     THE HONOURABLE MS.JUSTICE P.T.ASHA

                                               C.R.P.(MD) No.893 of 2020
                                                         and
                                              C.M.P.(MD) No.5865 of 2020

                Anto                                                       ... Petitioner

                                                         vs.

                St.Antony's Church,
                represented by its Parish Priest Fr.M.Peter,
                Parish House,
                Thundathuvilai,
                Karungal Post,
                Kalkulam Taluk,
                Kanyakumari District.                                      ... Respondent

                PRAYER:- This Petition is filed under Section 115 of the Code of Civil
                Procedure, to call for the records in CMA.No.2 of 2017 on the file of the
                Subordinate Court, Padmanabhapuram, Kanyakumari District and set aside the
                judgment and decree dated 17.07.2020 passed in it and dismiss the said CMA
                and thereby restore and confirm the temporary injunction granted vide order
                dated 17.03.2017 passed in I.A.No.95 of 2017 in O.S.No.20 of 2017 on the file
                of the learned Additional District Munsif, Padmanabhapuram.

                                  For Petitioner   : Mr.C.Dhanaseelan

                                  For Respondent   : Mr.M.R.Srinivasan


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                                                                         C.R.P.(MD) No.893 of 2020



                                                       ORDER

Considering the fact that the petitioner had the benefit of injunction

throughout till the order passed in CMA.No.2 of 2017 by the learned

Subordinate Judge, Padmanabhapuram, Kanyakumari District and the order of

injunction had been restored in CMP.No.5865 of 2020 in CRP.(MD) No.893 of

2020, the order of injunction is made absolute.

2.In these circumstances, this Civil Revision Petition stands allowed and

the order passed in CMA.No.2 of 2017 dated 17.07.2020 on the file of the

learned Subordinate Judge, Padmanabhapuram, Kanyakumari District is set

aside. The learned Additional District Munsif, Padmanabhapuram, Kanyakumari

District is directed to dispose of the suit in O.S.No.20 of 2017 within a period of

6 months from the date of receipt of a copy of this order. No costs.

Consequently, connected miscellaneous petition is closed.

                Index             : Yes / No                                     02.12.2021
                Internet          : Yes / No
                mm

                To

                The Subordinate Judge,
                Padmanabhapuram.

https://www.mhc.tn.gov.in/judis

C.R.P.(MD) No.893 of 2020

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis

C.R.P.(MD) No.893 of 2020

P.T.ASHA, J.

mm

C.R.P.(MD) No.893 of 2020

02.12.2021

https://www.mhc.tn.gov.in/judis