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Madras High CourtCMP/6248/2019disposed of

S.Shanthakumari v. C.Vimala W/O Of Late S.Chandiran

2019-04-15Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of April Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MR JUSTICE C.SARAVANAN CMP NO.6248 OF 2019 IN AS.NO.163 OF 2019 S.SHANTHAKUMARI [ PETITIONER ] W/O LATE SRIHARI NADIU, REP. BY HER POA, AGENT G.SUMATHI, 2ND PLAINTIFF BOTH ARE RESIDING AT NO.101, 3RD CROSS, 9TH BLOCK, VINAYAKA LAY OUT, NAGARABHAVI, BANGALORE 560 072.

2 G.SUMATHI Vs 1 C.VIMALA [ RESPONDENTS ] 2 C.JAYAKUMAR 3 G.SHYAMALA 4 V.JAYALAKSHMI S.MANOHARAN (DIED) 5 S.RAGURAMAN N.BHUVANESWARI (DIED) 6 R.SASIKALA

7 THE MANAGER CENTRAL BANK OF INDIA, LATTERI BRANCH, LATTERI. KATPADI TALUK.

8 N.PRABHU 9 N.SURESH 10 M.NARYAN 8, 10 TO 12 ARE IMPLEADED AS LRS OF THE DECEASED 7TH DEFENDANT BY ORDER passed IN IA.NO.161 OF 2012 DATED 17.07.2013. 11 PRAMELA 12 LAKSHMI 13 SATHYA 14 JANAVEE 13 TO 16 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED 5TH DEFENDANT AS PER ORDER PASSED IN IA.NO.165/2017 DATED 27.10.2017 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 Interim Injunction restraining the Respondents their men, agents, servants or any other person or persons claiming through them form alienating the suit schedule properties more fully described in the Schedule to the petition (in CMP.No.6248/2019) pending disposal of the above AS.No.163/2019.

A SCHEDULE OF PROPERTIES XEROX COPY ATTACHED 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.CHITRA SAMPATH, Senior Counsel for M/S.A.SARAVANAN, Advocate for the petitioner and of M/S.V.LAKSHMI NARAYANAN Advocate frp 5 & 6 respondents the court made the following order:- (Order of the Court was made by M.M.SUNDRESH, J.) The suit is filed for partition and separate possession. The suit having been dismissed, the present appeal has been filed interalia alleging alienation.

2.By order dated 13.03.2019, this Court has granted an order of interim injunction insofar as A Schedule property is concerned. Any alienation, if made, would be hit by the doctrine of lis pendens. Accordingly, this petition stands disposed of with the observation that any alienation or encumbrance will be subject to the result of the appeal.

-sd/- 15/04/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE I ADDITIONAL DISTRICT JUDGE, AND SESSION JUDGE AT VELLORE.

C.C. to M/S.A.SARAVANAN Advocate SR.No.5407 C.C. to M/S.E.KANNADASAN Advocate SR.No.5427 C.C. to M/S.V.RAGHAVACHARI Advocate SR.No.5411 Order in CMP.6248/2019 in AS.163/2019 Date :15/04/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(25/03/2019) SDR 25.04.2019