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Madras High CourtCMP/5075/2017disposed of

N. Saravanan v. Balu @ Chinnasamy

2017-06-08Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Eighth day of June Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE N. KIRUBAKARAN CMP No.5075 of 2017 IN AS.116/2017 1 N. SARAVANAN [ PETITIONER ] 2 M. KARTHIKEYAN Vs 1 BALU @ CHINNASAMY [ RESPONDENT ] 2 MRS. JAYALAKSHMI 3 JOINT SUB REGISTRAR NO.1, DHARMAPURI TOWN & DT.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order Interim Injunction restraining respondents 1 and 2 or their men and agents or any other person claiming on their behalf from in any way encumbering or alienating the property which is the subject matter in O.S.No.55 of 2013 on the file of the Principal District Judge, Dharmapuri (in CMP No.5075 of 2017) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.PRABAKARAN, Advocate for the petitioner and of M/R. R. PRABAKAR, Advocate on behalf of the Respondents the court made the following order:- The suit filed by the appellants has been dismissed by the trial Court, after appreciation of pleadings and evidence. This petition has been taken out seeking an order of interim injunction restraining respondents 1 and 2 or their men and agents or any other claiming on their behalf from in any way encumbering or alienating the property.

2.

The prayer sought for, as such, cannot be granted by this Court, at this stage. In any event, to safeguard the interests of both parties, it is ordered that any alienation would be subject to the result of the appeal suit. The C.M.P. is disposed of accordingly.

3.

Post the Appeal Suit during March 2018.

-sd/- 08/06/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE DHARMAPURI 2 JOINT SUB REGISTRAR NO.1, DHARMAPURI TOWN & DT.

C.C. to M/S.C.PRABAKARAN Advocate on Sr.No.7359 C.C. to M/S.C.PRABAKARAN Advocate on Sr.No.7383 C.C. to M/S.N.ARULKUMAR Advocate on Sr.No.7400 The Government Advocate, High Court, Madras - 104. Order in CMP.5075/2017 in AS.116/2017 Date :08/06/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TA 12/06/2017