Madras High CourtCMP/14481/2018disposed of

Usha Rani v. Suguna

2019-02-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of February Two Thousand Nineteen PRESENT THE HON`BLE MR.JUSTICE M.M.SUNDRESH and THE HON`BLE MR.JUSTICE C.SARAVANAN CMP No.14481 of 2018 in AS No.558 of 2018 USHA RANI [ PETITIONER ] Vs 1 SUGUNA [ RESPONDENTS ] 2 KALA 3 SUMATHI 4 GANESH 5 SENTHILKUMAR, 6 MURUGAN 7 RADHA 8 SUGANYA, 9 INDIAN OVERSEAS BANK, MANJAKUPPAM, CUDDALORE, NETHAJI ROAD, CUDDALORE, BY BRANCH MANAGER (RESPONDENTS 2, 4, 8 AND 9 ARE NOT NECESSARY PARTIES TO THIS APPLICATION) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Injunction, restraining the respondents, their men or agents and any person claiming under them from creating any encumbrance over the petition mentioned properties which are the subject-matter of the suit in OS.149/2011 on the file of the Principal District Judge, Cuddalore, pending AS No.558 of 2018.

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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.R.GURURAJ, Advocate for the petitioner and of MR.V.BALAMURUTAN Advocate on behalf of the Respondents 3 & 5 to 7 the court made the following order:- (Order of the Court was made by M.M.SUNDRESH, J) The petitioner is the plaintiff in the suit filed for partition and separate possession. After contest, the suit was dismissed and hence the present appeal has been filed. Alleging that the respondents are attempting to alienate and encumber the suit property, the present petition has been filed. 2.Any alienation or encumbrance would certainly be hit by doctrine of lis pendens. Accordingly, this petition stands disposed of with the observation that any alienation or encumbrance will be subject to the result of the appeal.

-sd/- 13/02/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE CUDDALORE.

C.C. to M/S.R.GURURAJ Advocate on payment of necessary charges Order in CMP.14481/2018 in AS.558/2018 Date :13/02/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 25.02.2019 https://hcservices.ecourts.gov.in/hcservices/