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Madras High CourtCMP/24500/2024dismissed

Pechiammal (Died) 1. Kalamani v. Selvaraj

2024-11-12Honourable Mr Justice R. Subramanian,Honourable Mr.Justice C.Kumarappan1 pages

C.M.P.No.24500 of 2024 in A.S.No.924 of 2024 R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

The suit filed by the petitioner for partition has been dismissed.

Pending appeal, the petitioner seeks an order of injunction restraining the respondents from alienating the property. Any alienation will be subject to the result of the appeal, in view of Section 52 of the Transfer of Property Act.

2. Hence, we see no necessity to grant an order of injunction.

Accordingly, this petition stands dismissed. We make it clear that any alienation pending appeal will be subject to the result of the appeal.

(R.S.M., J.) (C.K., J.) 12.11.2024 dsa https://www.mhc.tn.gov.in/judis 1/1