Pk Venkatachalam (Died) 1. Manju v. V. Palanisamy (Died) 1. P.Leelavathy

C.M.P.No.10106 of 2024 in A.S.No.312 of 2024 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

The prayer in the petition reads as follows:- "To grant temporary injunction against the respondents, their men, their agents, and anybody else claiming right through them in any manner whatsoever, restraining them from dealing with or alienating either by sale, gift, settlement, lease, mortgage or otherwise or creating an encumbrance in any form over the property forming the subject matter of the suit in O.S.No.240 of 2008 on the file of the II Additional District and Sessions Judge, Tiruppur pending disposal of the above appeal."

2. Admittedly, the suit filed by the petitioners seeking specific performance has been dismissed. The petitioners have no interest in presenting the property subject matter of the appeal. Any alienation that is made pending appeal will be subject to the result of the appeal, in view of Section 52 of the Transfer of Property Act.

3. Hence, this petition is dismissed.

(R.S.M., J.) (R.S.V., J.) 07.06.2024 dsa https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

dsa C.M.P.No.10106 of 2024 in A.S.No.312 of 2024 07.06.2024 https://www.mhc.tn.gov.in/judis 2/2