Hemant Raj v. Mr. S.Kalyanasundaram,

O.A.NOS.228 AND 229 OF 2022 IN C.S.NO.65 OF 2022 N.SATHISH KUMAR, J.

These Original Applications have been filed by the applicant / plaintiff restraining the respondents / defendants from creating any kind of encumbrance in respect of the Suit schedule property pending disposal of the Suit.

2.As the Suit itself is filed for liquidated damages and for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the Suit schedule property, this Court is of the view that no separate order is required. However, it is made clear that if any encumbrance or transfer is made, the same will be subject to the result of the Suit and in the event, the plaintiff succeeds, the transfer will be hit by doctrine of lis pendens.

3.Accordingly, both the Original Applications are closed.

10.11.2023 TK https://www.mhc.tn.gov.in/judis