Subramani v. Chinnammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Third day of December Two Thousand Eighteen PRESENT THE HON`BLE MS. JUSTICE P.T.ASHA CMP NO.20944 OF 2018 IN SA.NO.713 OF 2018 SUBRAMANI [ PETITIONER ] Vs 1 CHINNAMMAL [ RESPONDENTS ] 2 KUPPUSAMY Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of injunction restraining the second respondent herein from in any manner alienating or otherwise encumbering the suit B Schedule property which is the subject matter of OS No.72/2012 on the file of the Sub Court Bhavani (in CMP.no.20944/18) pending disposal of the above SA.No.712/18. 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.T.

MURUGAMANICHAM Senior Counsel for M/S.ZEENATH BEGUM Advocate for the petitioner the court made the following order:- This Civil Miscellaneous Petition is filed seeking an order of ad interim injunction restraining the second respondent from alienating the suit scheduled mentioned property which is the subject matter in O.S.No.72 of 2012, on the file of Sub Court, Bhavani, pending disposal of the above Second Appeal. https://hcservices.ecourts.gov.

2.Considering the fact that any sale pending appeal would be hit by the principles of lis pendens, there is no necessity to grant any order of injunction as prayed for. Hence, this Civil Miscellaneous Petition is dismissed.

-sd/- 03/12/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE IV ADDITIONAL DISTRICT JUDGE, BHAVANI, ERODE DISTRICT.

2 THE SUBORDINATE JUDGE, BHAVANI.

Order in CMP.20944/2018 IN SA.NO.713 OF 2018 Date :03/12/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 10.12.2018 https://hcservices.ecourts.gov.in/hcservices/