S.Nehru v. M.Sundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE S.S.SUNDAR CMP No.16701 of 2021 in AS.No.370/2021 S.NEHRU [ PETITIONER ] Vs 1 M.SUNDARAM [ RESPONDENTS ] 2 PAPPATHI 3 CHITRA 4 MINOR SOUNDARYA D/O.LATE MURUGESAN BY NEXT FRIEND/MOTHER CHITRA 5 MUTHUSAMY Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim injunction restraining the respondents 3 and 4 or their men and agents from in any way alienating or creating any encumbrance over the schedule mentioned property which is the B schedule in O.S.No. 43 of 2014 on the file of the Ld.Principal District Court, Namakkal (in CMP.No.16701/2021) pending disposal of the above AS.No.370/2021.
SCHEDULE OF PROPERTIES 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.N.MANOKARAN, Advocate for the petitioner and of Respondents not appearing either in person or by an advocate the court made the following order:- The appellant is the plaintiff in the suit in OS.No.43/2014 on the file of the Court of Principal District Judge, Namakkal, as against the judgment and decree disallowing the relief of partition in respect of ''B'' Schedule Property.
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2.This application is not necessary as the petitioner's interest is protected by Section 52 of the Transfer of Property Act. No serious prejudice is likely to be caused to the petitioner.
3.Hence, the present Civil Miscellaneous Petition stands dismissed.
-sd/- 30/11/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE LD. PRINCIPAL DISTRICT JUDGE, NAMAKKAL C.C. to M/S.N.MANOKARAN Advocate SR.No.7002 Order in CMP.16701/2021 in AS.No.370/2021 Date :30/11/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PS 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/