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Madras High CourtCMP/10684/2021dismissed

P.V.A.Selvam v. Jeethandra A Patel

2021-09-15Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT THE HON`BLE MS.JUSTICE P.T.ASHA CMP.No.10684 of 2021 in A.S.No.221 of 2021 P.V.A.SELVAM [ PETITIONER ] Vs 1 JEETHANDRA A PATEL [ RESPONDENTS ] 2 LAKSHMI PATEL 3 BAGAVATHI PATEL 4 JAYAMURTHY 5 GEETHA W/O. JAYAMURTHY, REP BY THEIR POWER AGENT K. JAYAMURTHY 6 VALLI W/O. PERUMAL, REP BY THEIR POWER AGENT K. JAYAMURTHY 7 J. KAY AUTOMOBILES - J KAY TVS, REP BY ITS MANAGER, HAVING OFFICE AT NO.D/082, 100 FEET ROAD, (ECR ROAD) OPPOSITE TO RTO OFFICE, OLANDHAI, PUDUCHERRY 605 004.

8 GOVINDARAJU Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of grant an order of Permanent Injunction restraining respondents, their men or agents or any one claiming through them from executing or registering any kinds of purported https://hcservices.ecourts.gov.in/hcservices/

documents in pursuance of suit-impugned sale deed/s in any manner for any purpose and from distrubing the petitioners peaceful possession and use of property in schedule to plaint subject matter in OS No.40 of 2007 in any manner without recourse to law, (CMP.No.10684 of 2021) pending disposal of the above A.S.No.221 of 2021. SCHEDULE OF PROPERTY 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 MR.M.

GNANASEKAR, Advocate for the petitioner, the court made the following order:- The above application has been filed to grant an order of permanent injunction restraining the respondents their men or agents or any one claiming through them from executing or registering any kinds of purported documents in pursuance of suit-impugned sale deeds in any manner for any purpose and from disturbing the petitioner's peaceful possession and use of property in schedule to subject matter in O.S.No.40 of 2007. The suit in question is one for specific performance and one of the relief claimed is as above. The plaintiff has not had the benefit of the order pending in the suit and the suit has been dismissed. It is needless to state that any transfer that takes place will be subject to lis pendens.

2.With these observations, the above application is dismissed. -sd/- 15/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE III ADDITIONAL DISTRICT JUDGE, PUDUCHERRY.

Order in CMP.No.10684 of 2021 in A.S.No.221 of 2021 Date :15/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (22/09/2021) https://hcservices.ecourts.gov.in/hcservices/