M/S.Kences Construction Pvt Ltd v. R.Balakrishnan (Died)

C.M.P.No.1824 of 2024 in A.S.No.60 of 2024 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

The prayer in the petition reads as follows:- "to grant interim injunction restraining the respondents / respondents / its men / agents / servants or any person action on behalf or through the respondents not to deal with the suit schedule property in any manner by way of sale, lease or any mode of transaction with 3rd parties in O.S.No.13 of 2015 on the file of the Sessions Judge, Mahila Court at Chengalpattu till disposal of the appeal."

2.Admittedly, the suit filed by the appellant seeking specific performance has been dismissed so the status of the appellant as of today is only that of an alleged agreement holder. Such status does not create any status in immovable property in favour of the appellant to enable him to seek a restraint order against the owners from exercising their right to property by alienation or otherwise. However, any such alienation will be subject to result of the appeal. Hence, we see no reason to grant an order of injunction. This petition is therefore, dismissed. (R.S.M., J.) (R.S.V., J.) 23.04.2024 kkn https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

KKN C.M.P.No.1824 of 2024 in A.S.No.60 of 2024 23.04.2024 https://www.mhc.tn.gov.in/judis 2/2