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Madras High CourtCMP/9325/2020disposed of

V.Ramalingam v. K.S.Sundaram

2020-11-04Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

CMP.Nos.9325 & 9326 of 2020 CMP.Nos.9325 & 9326 of 2020 in OSA.No.182 of 2020 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J COMMON ORDER (Order of the Court was made by T.S.SIVAGNANAM,J) These petitions have been filed (i) to pass an order of interim attachment of the immovable properties belonging to the respondents/ defendants more fully described in the schedule and (ii) to direct the respondents/defendants to deposit the original title deeds pertaining to the properties in question.

2. In terms of the directions issued earlier i.e. on 09.9.2020, the first respondent/first defendant, on his own behalf and also on behalf of respondents 2 and 3, filed an affidavit of undertaking to the following effect :

"I, K.S.Sundaram, the first respondent herein, for myself and on behalf of the second and third respondents, in my capacity as Director and Authorized Signatory, hereby solemnly undertake not to alienate or encumber, deal or part with possession or alter the physical features of the property namely all the piece and parcel of agricultural land situated in Kariamanickam Village, comprising cadastre Nos.296/1, 296/2, 297 1/11, 297 2/11, 297 3/11, 297 4/11, 297 5/11, 297 http://www.judis.nic.in

CMP.Nos.9325 & 9326 of 2020 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS 6/11, 297 7/11, 297 8/11, 297 9/11, 297 10/11, 297 11/11 in resurvey No.69/1 measuring an extent of 1 Kani or 54 ares pending disposal of the above CMP.Nos.9325 and 9326 of 2020."

3. In the light of the above affidavit of undertaking, this Court is of the considered view that interest of the appellants/plaintiffs is sufficiently safeguarded and by placing on record the affidavit of undertaking, there will be a direction to the respondents/defendants not to alienate or encumber or deal or part with possession or alter the physical features of the properties in question till the disposal of the appeal.

4. The above miscellaneous petitions are accordingly disposed of. 04.11.2020 CMP.Nos.9325 & 9326 of 2020 in OSA.No.182 of 2020 http://www.judis.nic.in