S.K.Manoharan v. Jayarama Chetty(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Sixth day of January Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE S.M. SUBRAMANIAM CMP No.25979 of 2019 and AS.NO.832 of 2019 S.K.MANOHARAN [ PETITIONER ] Vs 1 JAYARAMA CHETTY(DIED) [ RESPONDENTS ] 1.VENKATESHWARA RAO, 1A KALIDASAN STREET, RAMAPURAM, AMBATTUR, CHENNAI-53 2 ANBAZHAGAN 3 PADMANABA NAIDU 4 VELMURUGAN 5 PUSPHPALATHA 6 JOTHI 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/defendants herein from alienating or encumbering in any manner the suit schedule property in OS No. 40/2009 on the file of I Addl. Dist.Judge, Thiruvallur.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of A.K.RAGHAVULU, Advocate for the petitioner and of MR. M.A. LAKSHMIPATHI, ADVOCATE (CAVEATOR) on behalf of the 1st to 5th Respondents the court made the following order:- This civil miscellaneous petition is filed, to grant an order of interim injunction, restraining the respondents/defendants from alienating or encumbering in any manner the suit schedule property in O.S.No.40 of 2009 on the file of I Additional District Judge, Thiruvallur.

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2. It is brought to the notice of this Court that the suit schedule property has already been sold in favour of the 6th respondent and the suit for specific performance filed by the appellant was dismissed by the trial Court.

3. Under these circumstances, the grant of interim injunction need not be considered and all the grounds raised in the affidavit of the miscellaneous petition shall be adjudication in the appeal suit.

4. Accordingly, the civil miscellaneous petition in C.M.P.No.25979 of 2019 in A.S.No.832 of 2019 stands dismissed. No costs.

5. Post the appeal suit for hearing after two weeks. -sd/- 06/01/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE I ADDITIONAL DISTRICT JUDGE, TIRUVALLORE C.C. to M/S. A.K.RAGHAVULU Advocate on payment of necessary charges C.C. to M/S. M.A. LAKSHMIPATHI, ADVOCATE (CAVEATOR) on payment of necessary charges Order in CMP.25979/2019 and AS.NO.832/2019 Date :06/01/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SM/08/01/2020 https://hcservices.ecourts.gov.in/hcservices/