Muthulakshmi v. Palaniammal (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Fourth day of January Two Thousand Nineteen PRESENT THE HON`BLE MS. JUSTICE P.T. ASHA CMP No.23682 of 2018 in SA.No.897/2018 MUTHULAKSHMI [ PETITIONER ] Vs PALANIAMMAL (DECEASED) [ RESPONDENTS ] 1.N.M.KUMARASAMY, 2 L.DHAVAMANI 3 M.PASUPATHI 4 T.R.S.KANNAIYAN 5 SARASWATHI 6 PERIYA MAYAVAN @ KUMARASAMY 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 respondents herein or anybody claiming through them from in any manner alienating or otherwise encumbering the suit properties which is the subject matter of the judgment and decree dt. 27.01.2015 made in OS no. 90/2010 on the file of the Sub Court, Bhavani (CMP.23682/2018) pending disposal of the above SA.

897/2018 SCHEDULE OF PROPERTY 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 MR.T.MURUGAMANICKAM, SENIOR COUNSEL FOR M/S.ZEENATH BEGUM, Advocate for the petitioner and of MR.K.S.JEYAGANESHAN, Advocate (Caveator) on behalf of the Respondents the court made the following order:- https://hcservices.ecourts.gov.

The injunction application was filed for restraining the respondent, their men or agents from alienating the suit schedule property.

2.Considering the fact any alienation is subject to the result of the appeal there is no necessity to grant an order of injunction and such sale would be hit by the principal of lis pendens, there is no necessity for grant of injunction.

Notice.

-sd/- 04/01/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE IV ADDITIONAL DISTRICT JUDGE, ERODE DISTRICT AT BHAVANI 2 THE SUBORDINATE JUDGE, BHAVANI.

C.C. to M/S.ZEENATH BEGUM Advocate on payment of necessary charges Order in CMP.23682/2018 in SA.897/2018 Date :04/01/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 09/01/2019 https://hcservices.ecourts.gov.in/hcservices/