The 1 Additional District and Sessions Judge, PCR Thanjavur observed the Doctrine of Lis pendens applies if respondents attempt to alienate or encumber the suit property subject to appeal. The petition thereby faced closure.
None granted; petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Seventh day of September Two Thousand Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CMP(MD) No.8200 of 2017
IN
AS(MD) No.138 of 2017
B.RAMAIYAN, ... PETITIONER/APPELLANT
Vs
G.R.BALASUBRAMANIAN (DECEASED)
1 B.AMUTHA
2 KUNJUMANIAMMAL,
3 R.B.GOVINDASAMY
(CAUSE TITLE ACCEPTED VIDE COURT ORDER DATED 18.08.2017 MADE IN CMP(MD)NO.7197/2017 IN AS(MD)SR.16537/2017
BY MMSJ & NSKJ) ... RESPONDENTS/RESPONDENTS
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 Interim Injunction restraining the respondents 2&3 herein, and their men, agent and successors in interest from in any manner alienating or encumbering or otherwise deal with the suit properties more fully described in the schedule contained in the petition pending disposal of the above First Appeal and thus render justice.
Prayer in AS(MD). 138/ 2017 :
To allow the above First Appeal with costs, by setting aside, the Judgment and decree made in O.S.No.9 of 2010 dt. 27.1.2017 on the file of the I Additional District & Sessions Judge (PCR) Thanjavur in so far which are against the claim and interest of the appellant and thus render justice.
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.R.GOVINDARAJ, Advocate for the petitioner the court made the following order:-
This application has been filed inter alia alleging that the respondents are trying to alienate or encumber the suit property https://hcservices.ecourts.gov.in/hcservices/ which is the subject matter of the appeal.
Any alienation or encumbrance will be subject to the Doctrine of Lis pendens.
With the above observation, this petition is closed.
sd/07/09/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023.
TO
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, (PCR), THANJAVUR.
+1. C.C. to M/S.S.KANNIAH Advocate SR.No.30269 GJM/RR/BS/SAR-2-11.9.17-2P-3C
ORDER IN CMP(MD) No.8200 of 2017 IN
AS(MD) No.138 of 2017
Date :07/09/2017
1 issue framed by the court
Whether to grant an interim injunction against alienation of suit properties pending disposal of the appeal.
B.RAMAIYAN
G.R.BALASUBRAMANIAN (DECEASED) 1 B.AMUTHA 2 KUNJUMANIAMMAL 3 R.B.GOVINDASAMY
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
