Madras High CourtCMP(MD)/4169/2018closed

S. Manimaran v. S. Murali

2018-06-04Honourable Mr Justice M.Duraiswamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY CMP(MD) No.4169 of 2018 IN SA(MD) No.158 of 2018 S. MANIMARAN ... PETITIONER/APPELLANT Vs 1 S. MURALI 2 M. BAMA 3 JOINT SUB REGISTRAR NO.1 KUMBAKONAM.

4 GOVERNMENT OF TAMIL NADU THROUGH ITS DISTRICT COLLECTOR, THANJAVUR.

... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of Interim Injunction restraining the second respondent, her agent or assigns from in any way alienating or encumbering the petition mentioned properties, which is the subject matter of the suit in O.S.No.136 of 2015 on the file of the Additional Subordinate judge, Kumbakonam pending disposal of the second appeal and thus render justice.

Prayer in SA(MD). 158/ 2018 :

To prefer this Memorandum of Grounds of Second Appeal against judgment and decree dated 23.11.2017 made in A.S.No.32 of 2017 on the file of the Additional District (Fast Tract Court), Kumbakonam confirming the judgment and decree dated 19.04.2017 made in O.S.No.136 of 2015 on the file of the Additional Subordinate judge, Kumbakonam for the following among.

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.P.THIAGARAJAN, Advocate for the petitioner and of MR.H.LAKSHMI SHANKAR, Advocate(Caveator) for the Respondents, while admitting the Second Appeal, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Mr.H.Lakshmi Shankar, learned Counsel appearing for the

respondents 1 and 2 submitted that the respondents have no intention to alienate the suit property till the disposal of the second appeal.

2. The submission made by the learned counsel appearing for the respondents 1 and 2 is recorded.

3. In view of the same, the petition is closed. However, it is open to the respondents 1 and 2 to approach the Court in the case of any necessity to alienate the suit property during the pendency of the second appeal.

sd/- 04/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT (FAST TRACT COURT), KUMBAKONAM 2 THE ADDITIONAL SUBORDINATE JUDGE, KUMBAKONAM +1. C.C. to M/S.P.THIAGARAJAN Advocate SR.No.9573

ORDER

IN CMP(MD) No.4169 of 2018 IN SA(MD) No.158 of 2018 Date :04/06/2018 SMA/CM-VR/RNB/06.06.2018:2P/4C https://hcservices.ecourts.gov.in/hcservices/