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Madras High CourtA/649/2024allowed

Shivaji Das v. Sanghamitra Chakraborty And Another

2024-02-23Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. C. Jerone Ceaser Shroffe S/o. S.P. Prabhakaran

2. Betsy Veronica W/o. Judson and daughter of S.P. Prabhakaran ... Applicants / Plaintiffs Vs.

Dr. Regina Blossom Sam W/o. K.P. Thooyamani ... Respondent / Defendant PRAYER in A. No.649 of 2024: This application has been filed under Order XIV Rule 8 of High Court Original Side Rules read with Order 39 Rule 2 read with Section 94(e) of Civil Procedure Code praying to pass an order of interim injunction restraining the respondent / defendant their men, agents, Page No.1 of 5

manner encumbering, alienating or dealing with the suit schedule mentioned property either by way of sale, mortgage, lease, joint development or otherwise except in accordance with law.

PRAYER in A. No.650 of 2024: This application has been filed under Order XIV Rule 8 of High Court Original Side Rules read with Order 39 Rule 2 read with Section 94(e) of Civil Procedure Code praying to pass an order of interim injunction restraining the respondent / defendant their men, agents, manner altering the physical features of the property or putting up any construction in the Suit property except with the lieu of the Court. For Applicants [both applications] :

Mr. R. Thiagarajan For Respondent :

Mr. P. Subba Reddy [both applications] COMMON ORDER The application in A. No.649 of 2024 has been filed to pass an order of Page No.2 of 5

interim injunction restraining the respondent / defendant, their men, agents or manner encumbering, alienating or dealing with the suit schedule mentioned property either by way of sale, mortgage, lease, joint development or otherwise except in accordance with law and the application in A. No.650 of 2024 has been filed to pass an order of interim injunction restraining the respondent / defendant, their men, agents or servants or any other person or persons claiming through her from in any manner altering the physical features of the property or putting up any construction in the Suit property except with the lieu of the Court.

2. These applications have been filed at the stage of trial and already some of the witnesses were examined on the side of the Plaintiff and there are no any documents filed by the applicants to substantiate the claim. The Suit is pending from 2018 and after examination of witnesses, the present Page No.3 of 5

applications have been filed. It is well settled law that during the pendency of the Suit, if any alienation or encumbrances made, those alienation and encumbrances are subject to the outcome of the result of the Suit. Therefore, at this stage, no any further orders are required to be passed in these applications.

3. In view of the same, these applications are closed. 19.09.2025 [1/6] mjs P.DHANABAL.,J mjs Page No.4 of 5

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