Madras High CourtCMP/9236/2018closed

K. Saminathan v. Pappathi @ Vembayee

2021-06-24Honourable Mr Justice M.M.Sundresh,Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of June Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MS JUSTICE R.N. MANJULA CMP NO.9236 OF 2018 IN AS.362 OF 2018 K.SAMINATHAN [ PETITIONER ] Vs PAPPATHI @ VEMBAYEE [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of injunction restraining the respondent, her men, agents, servants or anybody acting on behalf of her from alienating or encumbering the property mentioned (in CMP.9236/18) in AS.No.362/18.

(Xerox copy attached in Schedule of Property) 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.E.KARTHIK RAJ, Advocate for the petitioner and of M/S.S.MUKUNTH FOR SARVABHAUNAN ASSOCIATES on behalf of the Respondent the court made the following order:- [Order of the Court was made by M.M.SUNDRESH, J.] The unsuccessful plaintiff in the suit for specific performance is the appellant herein. Pending appeal, he seeks an order of interim injunction restraining the respondent from alienating or encumbering the suit property. There is no interim order pending suit and till now.

However, the learned counsel for the respondent submitted that there is no intention to alienate the suit property as of now. https://hcservices.ecourts.gov.in/hcservices/

Recording the aforesaid submission made by the learned counsel for the respondent, this miscellaneous petition stands closed. However, we give liberty to the respondent to file appropriate application if there is any need for alienation arises. Post the appeal for final hearing on 01.09.2021. -sd/- 24/06/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR.

C.C. to M/S.K.KARTHIKEYAN Advocate SR.NO.3460/2021 Order in CMP.9236/2018 in AS.362/2018 Date :24/06/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 05.09.2018 VC (10/07/2021)P https://hcservices.ecourts.gov.in/hcservices/