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Madras High CourtCMP/9563/2019disposed of

Krishna Udaiyar v. P.Pasavaraj

2021-08-05Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Fifth day of August Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MRS JUSTICE S.KANNAMMAL CMP No.9563 of 2019 in A.S.No.288 of 2019 1 KRISHNA UDAIYAR [ PETITIONERS ] 2 SHAGIRAFI 3 MAGABUB BASHA 4 MALIK BASHA 5 JAKODA 6 DHASTHAGIR 7 BASEERA 8 NAZIMA 9 ALLAPAKSH Vs P.PASAVARAJ [ RESPONDENT ] Petitions praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an ad-interim injunction restraining the Respondents/Defendant or their men or agent or from in any way alienating or creating any documents in respect of the suit schedule property to any 3rd person subject matter in O.S.No.20 of 2015 on the file of Principal District Judge Krishnagiri(in CMP No.

9563 of 2019) pending disposal of the above A.S.No.288 of 2019. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.UDAYAKUMAR for M/S.KARAN AND UDAY, Advocate for the petitioners, the court made the following order:- https://hcservices.ecourts.gov.

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioners are the plaintiffs in the suit. The suit has been filed for recovery of amount based upon the agreement for sale. The suit having been dismissed, the present petition has been filed seeking injunction against the alienation, pending appeal. Taking note of the fact that the judgment has been rendered on merit, we would only say that the alienation or encumbrance would be subject to the doctrine of lis pendens.

This miscellaneous petition is disposed of accordingly. -sd/- 05/08/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE, KRISHNAGIRI.

C.C. to M/S.KARAN AND UDAY, Advocate SR.No.4352/2021. Order in CMP No.9563 of 2019 in A.S.No.288 of 2019 Date :05/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA 10/08/2021 https://hcservices.ecourts.gov.in/hcservices/