K.N Baskaran v. T.Dasan (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Ninth day of March Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE N.KIRUBAKARAN CMP No.18654 of 2017 in AS.No.555 of 2017 K.N BASKARAN [ PETITIONER ] Vs T.DASAN (DIED) [ RESPONDENTS ] 1.MARIMAMMAL, 2 JOTHIAMMAL 3 D.MARIAPPAN 4 D.MURUGESAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue an order of ad interim injunction restraining the respondents/defendants, his men, agents and servants or any person acting on behalf of the respondent not to alienate the schedule mentioned property which is the subject matter in OS.No.21/2014 on the file of I Additional District and Sessions Judge, Tiruppur. (in CMP.No.18654/2017) pending disposal of the above AS.No.555/2017.

" A" 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 M/S J.FRANKLIN, Advocate for the petitioner and of M/S.R.NALLIYAPPAN Advocate for the respondents the court made the following order:-

The original suit for specific performance is already dismissed, against which, the present Appeal Suit is filed. The injunction is not maintainable, in view of the lis pendent. Petition is dismissed.

-sd/- 09/03/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR.

C.C. to M/S.J.FRANKLIN Advocate on payment of necessary charges C.C. to M/S.R.NALLIYAPPAN Advocate on payment of necessary charges Order in CMP.18654/2017 in AS.555/2017 Date :09/03/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(13/03/2018)