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Madras High CourtCMP/14149/2020stay made absolute

S.J.Tharanipathy v. S.R.Jagannathan(Deceased)

2021-07-08Honourable Mr Justice M.M.Sundresh,Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Eighth day of July Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MS JUSTICE R.N.MANJULA CMP.NO.14149 OF 2020 IN AS.NO.985 OF 2020 S.J.THARANIPATHY [ PETITIONER ] Vs S.R.JAGANNATHAN (DECEASED) [ RESPONDENTS ] 1 MRS.J.JAYALAKSHMI 2 MR.RAMESH (DECEASED) 3 MRS.CHARUMATHI 4 SUBHAASHREE 5 R.KOWSIK RESPONDENTS 4 & 5 BROUGHT ON RECORD AS LRS OF THE DECEASED 2ND RESPONDENT VIDE COURT ORDER DATED 26.04.2021 PASSED BY HON'BLE MR JUSTICE R.SUBBIAH AND HON'BLE MR JUSTICE G.K.ILANTHIRAIYAN.

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 injunction restraining the respondents herein, their men or agents or any body acting or claiming through them from in any manner encumbering or alienating or any manner deal with the property bearing Door.No.15, Second Main Road, Jagannathapura, Velacherry Chennai-600042., in Plot No.27 in the approved layout DTP No. 11/64, Madras and sanctioned by Panchayat Board vide No. 109/64 comprised in S.No.443,(T.S.No.13) in No.137, Velacherry Village and Taluk(Previously Guindy-Mambalam Taluk), Chennai and the measurement of land being 3600 square feet along with the house built upon the land and which is the subject matter of the suit property in OS.No.4781/2019 on the file of the III https://hcservices.ecourts.gov.in/hcservices/

Additional District Judge, City Civil Court, Chennai (in CMP.NO.14149 OF 2020) pending disposal of the above appeal (AS.NO.985 OF 2020).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.DAMODARAN, Advocate for the petitioner, the court made the following order:- [Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the plaintiff.

In view of the submission made by the learned counsel for the respondents that the respondents have no intention to alienate or encumber the property, interim order already granted is made absolute and this miscellaneous petition stands closed. Consequently, C.M.P.No.4998 of 2021 is dismissed. Post the appeal for final hearing on 22.11.2021. -sd/- 08/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE REGISTRAR THE CITY CIVIL COURT, CHENNAI C.C. to MR.N.DAMODARAN Advocate SR.NO.3829 Order in CMP.NO.14149 OF 2020 IN AS.NO.985 OF 2020 Date : 08/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM (02.02.2021) UM(14/07/2021) https://hcservices.ecourts.gov.in/hcservices/