Palanathal v. K. Muruganathan

CMP NO. 28695 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2025

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP NO. 28695 of 2024 in AS No.1125 of 2024 Palanathal W/o. Late. Murugappan, Ayyanthottam, Sirupooluvapatti, Velampalayam Village, Tiruppur Taluk, Tiruppur Dt. and 6 Others Appellant(s) Vs K. Muruganathan S/o. M. Kaliappan, D.No.9, Madeswarankoil Street, Anupparpalayam, Velampalayam Village, Tiruppur Taluk and Dt. M. Kaliappan (Died) and 3 Others Respondent(s) For Appellant(s):

N. Manoharan R. Renukadevi M. Adhishree M. Manikandaprabhu R. Adithyashri For Respondent(s):

K. Govi Ganesan S. Sriram M. Vishali P. Santhosh C. Vigneshwaran Caveator For R2 And R3

ORDER

(Order of the Court was made by the Hon'ble R.Subramanian J.) The prayer is for an injunction restraining the respondents from alienating or encumbering the properties subject matter of the suit in OS No.30 of 2014 on the file of I Additional District Judge, Tiruppur. The suit was filed for enforcing a right of preemption and for a declaration that the Sale Deed dated 16.03.2011 executed by defendants 1 and 2 in favour of defendants 3 and 4 is invalid. The Trial Court has dismissed the suit on the ground that it is barred by limitation. Any alienation pending Appeal will be subject to the result of the Appeal in terms of Section 52 of the Transfer of Property Act.

2. Hence, we see no reason to grant an order of injunction at this juncture. The petition is therefore dismissed.

(R.SUBRAMANIAN J.) (C.KUMARAPPAN J.) 02-01-2025 jv To

1. K. Muruganathan S/o. M. Kaliappan, D.No.9, Madeswarankoil Street, Anupparpalayam, Velampalayam Village, Tiruppur Taluk and Dt. M. Kaliappan (Died)

2. Poongodi W/o. M. Natraj, D.No.20, Anna Street, Velampalayam Village, Tiruppur Taluk, Tiruppur Dt.

3. N. Arumugam S/o. Nachimuthugounder, O.No.62, N.No.484, Gandhi Road, Anupparpalayam Pudur, Velampalayam Village, Tiruppur Taluk and District.

4. K. Banumathi W/o. Kaliyappan, D.No.R-9, 100 Feet Road, Kovaipudur Main road, Coimbatore Taluk, Coimbatore Dt.