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Madras High CourtCMP/16907/2016closed

R. Ponnusamy v. N. Rengasamy,S/O. Nanjappa

2022-11-15Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice N. Mala1 pages

CMP.Nos.16907 & 12466/2016 in AS.No.615/2016 S.S.SUNDAR, J., and N.MALA, J., [Order of the Court was made by S.S.SUNDAR, J.,] CMP.No.16907/2016 is filed for grant of interim injunction restraining the respondents not to alienate the suit property in OS.No.726/2008 on the file of the learned III Additional District and Sessions Judge at Coimbatore. CMP.No.12466/2017 is filed to vacate the interim injunction granted in CMP.No.16907/2016.

2.This Court is unable to see any interim order which is in force as on date.

Since the petitioners have a protection under Section 52 of the Transfer of Property Act, this Court is of the view that the above petitions need not be kept pending and hence, both the petitions are closed with the following observation:- ''In case the respondents intend to sell or alienate the property, let that be done with the specific reference as to the pendency of the above appeal in any document of conveyance or encumbrance.''

[SSSRJ] [NMJ] 15.11.2022 AP Internet: Yes https://www.mhc.tn.gov.in/judis