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Madras High CourtCMP/19777/2017disposed of

R.B.Thilipkumar , v. Mr.R.Balakrishnan

2021-07-08Honourable 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 Eighth 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.19777 of 2017 IN AS.NO.586 OF 2017 R.B.THILIPKUMAR [ PETITIONER ] Vs 1 MR.R.BALAKRISHNAN [ RESPONDENTS ] 2 MR.R.B.ARAVINDSAMY 3 MR.C.SEKAR (CAUSE TITLE ACCEPTED VIDE ORDER OF COURT DT.6.11.20178 BY ASJ & PKJ MADE IN CMP.NO.18879/17 IN AS.SR78227/17) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of interim injunction restraining the respondents/Respondents their agent, servant, nomiees, etc., from seling and creating any encumbrances in the suit in OS.No.38/2013 on the file of the Session Judge, Tiruvallur and more fully described in the schedule hereunder (in CMP.No.19777/2017) pending disposal of the above AS.No.586/2017.

(Xerox copy attached in Schedule of Property) 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.K.S.GANESH BABU, Advocate for the petitioner and of MR.R.KRISHNASWAMY Advocate for 1 & 2 respondents the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

[Order of the Court was made by M.M.SUNDRESH, J.] The unsuccessful plaintiff is the appellant. The suit has been filed for partition and other reliefs. Pending the appeal, the present petition has been filed for injunction. There is no interim order for more than three years. In such view of the matter, this petition stands disposed of with the observation that any alienation or encumbrance would be subject to the result of the appeal.

Post the appeal for final hearing on 15.09.2021. -sd/- 08/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRINCIPAL AND SESSIONS JUDGE, THIRUVALLUR DISTRICT.

Order in CMP.19777/2017 IN AS.NO.586 OF 2017 Date :08/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 22/07/2021 https://hcservices.ecourts.gov.in/hcservices/