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Madras High CourtCMP/18347/2017closed

Vijaya v. Periya Munusamy Chetty [Died]

2021-07-15Honourable 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 Fifteenth 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.18347 OF 2017 IN AS.NO.548 OF 2017 VIJAYA [ PETITIONER ] Vs PERIYA MUNUSAMY CHETTY [DIED] [ RESPONDENTS ]

1. M.BHUSANKUMAR, 2 M.UDAYAKUMAR 3 RATHNAMMA 4 PADMA 5 SUMITRA 6 B.SUDHAKAR 7 M.G.MARIAPPAN 8 S.S.MOORTHY 9 MINOR KARTHI REP BY NEXT FRIEND MOTHER VENKATESHWARI, NO 11 [B], WEST LINK ROAD, COOPERATIVE COLONY BEHIND SENTHIL LODGE, KRISHNAGIRI DIST.

10 B.C.MOHANRAJ 11 H.V.SRIDHAR 12 K.SUMATHI https://hcservices.ecourts.gov.in/hcservices/

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant ad interim injunction restraining the respondents their men, agents sub -ordinates, from, dealing with the property which is the subject matter of OS.84/2010 on the file of the Principal District Court Krishnagiri (IN CMP.NO.18347 OF 2017) pending disposal of the above regular AS.NO.548 OF 2017. SCHEDULE OF PROPERTIES XEROX COPY ATTACHED Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.RAGHAVACHARI, Advocate for the petitioner the court made the following order:- [Order of the Court was made by M.M.SUNDRESH, J.] The appellant/petitioner is the plaintiff in the suit filed for partition and other relief.

Aggrieved against the dismissal of the suit, the plaintiff filed the present appeal. Pending appeal, the present petition has been filed for injunction. 2.Any property if alienated would be hit by the doctrine of lis pendens. Accordingly, this petition stands disposed of with the observation that any alienation or encumbrance will be subject to the result of the appeal.

Post the appeal for final hearing on 21.09.2021. -sd/- 15/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE ADDITIONAL DISTRICT JUDGE KRISHNAGIRI.

Order in CMP NO.18347 OF 2017 IN AS.NO.548 OF 2017 Date :15/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (27/07/2021)P https://hcservices.ecourts.gov.in/hcservices/