V.S. Gowri v. Periasenathipathi @ Devasenathipathi

CMP.No.18216 of 2025 in S.A.No.544 of 2025 S.SOUNTHAR,J.

The petition has been filed seeking injunction restraining the respondents from alienating or encumbering the suit properties pending disposal of the second appeal.

2. It is seen from the typed set of papers, the unsuccessful plaintiff in a suit for partition is the appellant. Any alienation made by the parties pending litigation is subject to the result of the litigation as per Section 52 of Transfer of Property Act. Therefore, it is clarified that in case any alienation is made by the respondents pending disposal of the second appeal, the same is subject to the result of the second appeal and the judgment to be passed in the second appeal will be binding on the purchasers.

3. With these clarifications, the Civil Miscellaneous Petition stands disposed of.

29.04.2026 ub https://www.mhc.tn.gov.in/judis