CRP Nos. 3687 & 3689 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-09-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP Nos. 3687 & 3689 of 2025 R.Murugan S/o. S. Radhakrishnan, Res. at New No.175, Old No.74, Kamarajar Salai, Kodungaiyur, Chennai - 118. and another Petitioner(s) Vs A. Anitha D/o. E. Anandan, No.15A, Kattabomman, 7th Street, Kodungaiyur, Chennai -118. Respondent(s) For Petitioner(s): D.Yogeswaran For Respondent(s): Mr.R. Thiagarajan COMMON ORDER By order dated 20.08.2025, I had allowed the revision petitions with directions to the first appellate Court to decide CMA Nos.1 & 2 of 2025 on merits and in accordance with law and further directed that the said appeals shall be disposed of on or before 06.10.2025. I had also directed the parties to maintain status quo as on that date and that no further third 1/4 https://www.mhc.tn.gov.in/judis CRP Nos. 3687 & 3689 of 2025 party interest shall be created nor shall any further construction be put up until the disposal of CMA Nos.1 & 2 of 2025. 2.Thereafter, a request was made by the learned counsel appearing for the respondent that the construction is nearing completion and that it does not pertain to the suit property and with the consent of both parties, I appointed an Advocate Commissioner and directed the learned Advocate Commissioner to inspect the property with the help of a Surveyor and ascertain whether the alleged offending construction encroaches upon the suit property. 3.The learned Advocate Commissioner has inspected the property with the assistance of a Surveyor and filed a report dated 25.09.2025. The report indicates that there appears to be an encroachment to an extent of 370 Sq.ft into the suit property and that there is no pathway available for the respondent to enter the suit property. The Commissioner has also enclosed photographs as well as the Chartered Engineer's sketch along with the report. 4. In the light of the above, I am inclined to grant an interim 2/4 https://www.mhc.tn.gov.in/judis CRP Nos. 3687 & 3689 of 2025 injunction directing the revision petitioners not to put up any further construction till the disposal of the CMAs. As already indicated in the order dated 20.08.2025, it shall be open to both parties to place additional documents before the appellate authority. The appellate authority shall dispose of the appeals on merits and in accordance with law on or before 31.10.2025. The petitioner shall pay additional remuneration of Rs.20,000/- to the learned Advocate Commissioner on or before 10.10.2025. 26-09-2025 sms To 1. A. Anitha D/o. E. Anandan, No.15A, Kattabomman, 7th Street, Kodungaiyur, Chennai -118. P.B. BALAJI.J., 3/4 https://www.mhc.tn.gov.in/judis CRP Nos. 3687 & 3689 of 2025 sms C.R.P.No.3687 of 2025 and CMP.No.19767 of 2025 and C.R.P.No.3689 of 2025 and CMP.No.19770 of 2025 26.09.2025 4/4 https://www.mhc.tn.gov.in/judis