B. Lalithkumar And Another v. P.C. Vedagiri And 5 Others
OA Nos. 217 and 218 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2025
CORAM
THE HONOURABLE MR JUSTICE K.KUMARESH BABU OA NOs. 217 and 218 of 2025 in C.S.No.46 of 2025 B. Lalithkumar and another S/o.Bhawarlal Jain, Door.No-49/1 and 2, Ramanuja Iyer St, Old Washermenpet, Ch-21 and another Applicants in both the applications Vs P.C. Vedagiri and 5 others S/o.Late.P.R.Chitti Babu and 5 Others Respondents in both the applications For Applicant(s):
M/s. V. Premkumar For Respondent(s):
No appearance COMMON ORDER Notice was ordered by this Court, returnable by four weeks. Summons were sent by this Court on the respondent.
2. The summons sent to the respective respondents were served by this Court, which is evidenced by the Report of the Bailiff on 25.03.1925. Respondents names have also been printed in the cause list and when the matter was taken up today, there is no appearance for the respondents either in 1/4
person or through counsel.
3. The plaintiff/applicant had entered into an agreement of sale with regard to "B" and "C" schedule properties which are plaint documents No.7 and 8 which forms larger part of the land in Schedule "A" property. The plaintiffs have specifically stated that they have been put in possession of the property as tenants in "A" schedule property and proceedings before the Rent Control Court is also pending, in which, they have remitted rents for the entire "A" schedule property. Therefore, the applicants seeks injunction restraining the respondents from interfering with the peaceful possession, occupation and enjoyment of the property.
4. The plaintiffs have also sought for interim injunction in A.No.218 of 2025 restraining the respondents from alienating, mortgaging, encumbering or dealing with the property.
5. This Court is of the view that having entered into an agreement with the defendants, the applicants/plaintiffs cannot seek for injunction restraining the owner of the property from alienating, mortgaging the property, which is admittedly larger extent.
6. In such view of the matter, there shall be an order of interim 2/4
injunction restraining the respondents from interfering with the peaceful possession of the applicants/plaintiffs and also there shall be an interim injunction restraining the respondents from alienating the undivided share of the land in "B" and "C" schedule property.
7. Both the applications are ordered on the aforesaid terms. 09-04-2025 sr To
1. Mrs. M. RAJESWARI W/o Late Shri S.M.Muralidharan, No.22/2, Raja Street, Devaraja Nagar, Saligramam, Chennai - 93.
Also At Plot 4e, Dr.Ragini City, Off Mambakkam - Medavakkam Road, Madurapakkam, Chennai - 600 127.
2. Mr.M.Balakumaran, S/o Lare Shri S.M.Muralidharan, No.22/2, Raja Street, Deveraja Nagar, Saligramam, Chennai - 93 Also At Plot 4e, Dr, Ragini City, Off Mambakkam - Nedavakkam Road, Madrurapakkam, Chennai - 600 127.
K.KUMARESH BABU.J., 3/4
sr OA NOs. 217 and 218 of 2025 in C.S.No.46 of 2025 09.04.2025 4/4