Disposed

S.Ganesan v. S.Devarajan

Madras HC10 Jul 2017OA/458/2017

Case brief

AI extract

What is this about?

The Court considered an original application for an interim injunction to restrain the respondent from alienating or encumbering specified property pending litigation. The Court applied Section 52 of the Transfer of Property Act to direct both parties to abide by the law and closed the application without granting the injunction, directing service instead.

What did the court decide?

Application closed; respondent restrained from alienating property until service completed; matter postponed.

S.Ganesan Vs S.Devarajan — Property and Title | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 10TH DAY OF JULY 2017

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THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

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O.A. No.458 of 2017 in C.S. No.326 of 2017

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S.Ganesan, S/o.late Sreenivasan, Door No.282, 8th Block, 195th Street, Muthamizh Nagar, Kodungaiyur, Chennai-600 118. ... Applicant/Plaintiff

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-Versus-

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Mr.S.Devarajan @ Sivaprakasam, S/o.Late Sreenivasan, Door No.486, Mint Street, Sowcarpet, Chennai-600 079. ... Respondent/Defendant

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Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the respondent, his men, agents, subordinates, representatives and any other persons on behalf of the respondent restraining from alienating or encumbering the suit schedule mentioned property.

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This Original application along with application

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coming on this day before this court for hearing the court made the following order:

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It is seen that notice has been served to the respondent. Affidavit of Service is filed in this application. The respondent is set exparte. This application has been filed seeking an order of injunction restraining the respondent from alienating or encumbering

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the suit schedule property. Section 52 of the Transfer of Property Act, 1882, makes it clear that, the parties to a litigation shall not alienate or encumber and otherwise deal with the property except with leave of the court.

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The said provision is reiterated and directing the applicant and also the respondent to abide by the said provision of law, this application is closed.

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Office is directed to post this matter before the learned Master to effect service of suit summons. After completion of suit service, this matter to be posted before this Court.

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//Certified to be a true copy//

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Dated this the day of 2017.

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EM/21.07.2017 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

S.Ganesan v. S.Devarajan

Case brief

What is this about?

What did the court decide?

S.Ganesan v. S.Devarajan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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