Professional Management v. Estate Of Irussammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH and THE HON`BLE MR JUSTICE N.ANAND VENKATESH CMP.Nos.18331 & 18332 of 2017 in OSA.No.296 of 2017 PROFESSIONAL MANAGEMENT [PETITIONER IN BOTH THE OF CONSTRUCTIONS, REP BY ITS PETITIONS] PROPRIETRIX.SEETA RAMARAJU, 10, FIRST FLOOR, 829 ANNA SALAI, CHENNAI - 2.
Vs 1 ESTATE OF IRUSSAMMAL [RESPONDENTS IN BOTH THE REP BY HER ADMINISTER P. ANBUCHEZHIAN, PETITIONS] NO.50, 59TH STREET, 10TH SECTOR, K.K. NAGAR, CHENNAI - 78.
2 ESTATE OF ALAMELU REP BY HER ADMINISTER P. ANBUCHEZHIAN, NO.50, 59TH STREET, 10TH SECTOR, K.K. NAGAR, CHENNAI - 78.
3 MRS.KAMATCHI 4 C. MUNUSAMY 5 MRS.CHINNAMMAL 6 MRS.GOVINDAMMAL 7 C. RADHA 8 C. KRISHNAN 14 KARAKAIPUDUCHERRY ROAD, URAPPAKKAM, CHEGALPET TK, KANCHEEPURAM DIST. REP BY THEIR POWER AGENT P. ANBUCHEZHIAN.
9 P. ANBUCHEZHIAN 10 S. PERUMAL
11 R. DHANASEKARAN 12 C. SHANKAR 13 VIJAYA 14 CHITRA 15 VALLI 16 ANGAMMAL [RESPONDENT 11 TO 16 IMPLEADED AS PER ORDER DATED 17.03.2006 IN APPLN.NO.776/2000 DELAY IN AMENDMENT CARRIED OUT VIDE APPLN.NO.1996/06 DATED 12.06.2006 IN CS.NO.41/2003] Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i)Pass an order of interim injunction restraining the respondent 1 to 16 or their agents, servants, men or anyone claiming under or through them and/or authorised by them from encumbering, alienating or dealing with the suit schedule mentioned property, more fully described in the schedule appended to the judges summons, either by way of sale, mortgage, lease, joint development or in any other manner, (in CMP.No.
18331/2017)and (ii)Pass an order of interim injunction restraining the respondent 1 to 16 or their agents, servants, men or anyone claiming under or through them and/or authorised by them from putting up any constructions and/or altering the physical features of the suit schedule B & C mentioned properties, more fully described in the schedule appended to the judges summons, (in CMP.No.18332/2017)pending disposal of the above OSA.No.296/2017 respectively.
SCHEDULE OF PROPERTY XEROX COPY ATTACHED Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.R.THIAGARAJAN, Advocate for the petitioner in both the petitions and of M/S.T.RAVICHANDRAN, Advocate for the respondent in both the petitions the court made the following order:- (Order of the Court was made by M.M.SUNDRESH, J.) The plaintiff, aggrieved over the dismissal of the suit for specific performance, has preferred the present appeal. Pending the appeal, these two petitions have been filed, seeking interim injunction.
2. C.M.P.No.18331 of 2017 has been filed against the alleged alienation and C.M.P.No.18332 of 2017 has been filed against the proposed alteration of physical features. 3.Learned counsel appearing for the respondents would submit that there will not be any alienation or encumbrance till the disposal of the appeal.
4.Recording the aforesaid submission, C.M.P.No.18331 of 2017 stands ordered accordingly. Insofar as C.M.P.No.18332 of 2017 is concerned, any construction or alteration made is subject to the result of the appeal. C.M.P.No.18332 of 2017 is disposed of accordingly.
Post the main appeal for final hearing on 09.07.2018. -sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE SUB ASST. REGISTRAR, ORIGINAL SIDE, HIGH COURT, CHENNAI-104.
C.C. to M/S.R.THIAGARAJAN Advocate on payment of necessary charges Order in CMP.Nos.18331 & 18332 of 2017 in OSA.No.296 of 2017 Date :13/06/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(18/06/2018)