Anaamma George v. The Gulf Returness Educational Society
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-09-2025
CORAM
THE HON'BLE DR.JUSTICE R.N.MANJULA
1. Anaamma George W/o Dr.G.George Residing At No.S - 103, 4th Main Road, Anna Nagar, Chennai 600 040.
2. Dr.G.George S/o Late Mr.Geeverghese Residing At S-103, 4th Main Road, Anna Nagar, Chennai 40.
..Applicant(s) Vs The Gulf Returness Educational Society Rep. By Its Secretary Having Its Administrative Office At Aa.70, 1st Floor, 2nd Street, 3rd Main Road, Chennai 40.
..Respondent(s) PRAYER : To pass an order of interim injunction restraining the Respondent, its men, agents, servants and any person claiming through them from alienating, encumbering or otherwise dealing with the Schedule Property, morefully described in the schedule hereunder.
For Applicant(s):
Mr.K.Arun Pradeep for M/s.AAV Partners For Respondent(s):
Mr.B.Thirumalai
ORDER
The plaintiffs have filed this Original Application seeking an interim injunction restraining the respondent and his men from alienating, encumbering the suit property until the disposal of the suit.
2. In the affidavit filed in support of this application, it is stated that before transfer to the City Civil Court, the suit has been filed before this Court in C.S.No.22 of 2015. The respondent has given an undertaking stating that he will not alienate the schedule mentioned property to any third party pending disposal of the suit. On such undertaking, the application already filed by the plaintiffs in A.No.3127 of 2015 and in O.A.No.480 of 2015 has been closed.
3. It is learnt from the records that the application in O.A.No.480 of 2015 which has been filed for seeking the same relief has already been closed by virtue of the order of this Court dated 15.07.2015. Now, the applicants have once again filed similar application for the reasons best known to them. This is sheer abuse of the process of the Court. Even while filing O.A.No.480 of 2015, the applicants / plaintiffs know that they have not filed suit for seeking any permanent injunction and they have filed only a suit for recovery of money.
Though their remedy is to file an application for attachment before judgment, they have chosen to file an application for interim injunction which has already been closed by taking into consideration of the undertaken given by the respondent Society.
4. In such circumstances, the very application now filed by repeating the same relief, in my view, is not maintainable. This is only to delay the proceedings which cannot be encouraged. Hence, this Original Application is closed.
04-09-2025 gsk
DR.R.N.MANJULA, J.
gsk To The Gulf Returness Educational Society Rep. By Its Secretary Having Its Administrative Office At Aa.70, 1st Floor, 2nd Street, 3rd Main Road, Chennai 40.
OA No. 599 of 2024 in Tr.C.S.No.26 of 2022 04.09.2025