R. Basakaran v. P. Dhanalakshmi

CMP(MD) NO. 1449 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-03-2026

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 1449 of 2026

1. R. Basakaran S/o. Ramamurthy Residing at Nadupattipal Marudhur Village Kulithalai Taluk Karur District. Presently residing at Door No.209/1 SRM Complex Nangavaram Road Perugamani Sririangam Taluk Trichy District.

Petitioner(s) Vs

1. P. Dhanalakshmi W/o. Periyasamy Door No. 4/343 Sanarpalayam Periyakarupar Village Srirangam Taluk Trichy District.

Respondent(s) For Petitioner(s):

Mr.P.Ganapathi Subramanian For Respondent(s): Mr.V.George Raja Prayer: This petition is filed under Section 151 of C.P.C., to pass an order of interim injunction thereby restraining the respondent/defendant form creating any sort of encumbrance with regard to the suit property pending disposal of the appeal and thus render justice.

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ORDER

(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) The plaintiff is the appellant herein. His suit for specific performance in O.S.No.3 of 2025 was decreed only to the extent of ordering refund. The relief of specific performance was denied. Aggrieved by the same, this appeal has been filed.

2. The petitioner / appellant wants this court to restrain the defendant from alienating or encumbering the suit property during the pendency of this appeal.

3. When the petitioner was denied the relief of specific performance by the trial court itself, it may not be in the interest of justice to grant the interim relief sought for by the petitioner. The rights of the parties will abide by the outcome of the appeal. 4.This Civil Miscellaneous Petition is disposed of accordingly. (G.R.SWAMINATHAN J.) (R.POORNIMA J.) 25-03-2026 rmi To

1. P. Dhanalakshmi W/o. Periyasamy Door No. 4/343 Sanarpalayam Periyakarupar Village Srirangam Taluk Trichy District.

https://www.mhc.tn.gov.in/judis