Syed Kasim v. Ms. M.S.Devinavasakthi

C.M.P.No.18690 of 2024 in A.S.No.603 of 2024 C.M.P.No.18690 of 2024 in A.S.No.603 of 2024 R.SUBRAMANIAN, J.

AND C.KUMARAPPAN, J.

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner seeks for an injunction, restraining the respondents from alienating and encumbering the suit property, pending the appeal.

2. The suit filed by the petitioner seeking specific performance of a contract, has been dismissed. Therefore, the petitioner has no interest in-presenti the suit property in view of part II of Section 54 of the Transfer of Property Act, 1882. Further, any alienation made, will be subject to the result of the appeal in view of Section 52 of the Transfer of Property Act, 1882.

3. Hence, we see no reason to grant injunction and accordingly, this Civil Miscellaneous Petition stands dismissed.

(R.S.M, J.) (C.K, J.) 28.11.2024 Sni https://www.mhc.tn.gov.in/judis

C.M.P.No.18690 of 2024 in A.S.No.603 of 2024 R.SUBRAMANIAN, J.

AND C.KUMARAPPAN, J.

Sni C.M.P.No.18690 of 2024 in A.S.No.603 of 2024 28.11.2024 https://www.mhc.tn.gov.in/judis