Saraswathy v. P. Palanisamy

C.M.P.No.25905 of 2024 in A.S.No.958 of 2024 R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

The petitioners seek an order of injunction restraining the respondents from alienating the property subject matter of the suit in O.S.No.177 of 2014 on the file of the II Additional District and Sessions Court, Tiruppur.

2. The said suit was laid for partition and the trial Court dismissed it. Any alienation pending appeal will be subject to the result of the appeal, in view of Section 52 of the Transfer of Property Act.

3. Hence, we see no reason to grant an order of injunction. The petition is therefore dismissed. It is made clear that all alienation or encumbrance made or created during the pendency of the appeal will be subject to the result of the appeal.

(R.S.M., J.) (C.K., J.) 22.11.2024 dsa https://www.mhc.tn.gov.in/judis