The High Court of Madras disposed of a civil miscellaneous petition seeking an interim injunction. The Court dismissed the petition, holding that the affidavit lacked sufficient reasons and noting that any sale would be affected by lis pendens, rendering an injunction unnecessary.
Interim injunction restraining respondents from encumbering suit property dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Friday, the First day of February Two Thousand Nineteen
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
CMP No.2673 of 2019
GANDHIMATHI [ PETITIONER ]
Vs
1 K.MARIAPPAN [ RESPONDENTS ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of injunction restraining the respondents from encumbering the suit property pending SA NO.114 of 2019.
XEROX COPY OF SCHEDULE OF PROPERTY IS 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 USHARANI V.S., Advocate for the petitioner the court made the following order:-
This Civil Miscellaneous Petition is filed seeking an order of interim injunction restraining the respondents from encumbering the suit property during the pendency of the second appeal.
Sub-Assistant Registrar ( Statistics / C.S. ) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.
TO
1 THE SUBORDINATE JUDGE UDUMALPET. 2 THE DISTRICT MUNSIF UDUMALPET.
C.C. to USHARANI V.S. Advocate on payment of necessary charges
Order in CMP.2673/2019 in SA.114/2019 Date :01/02/2019
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 20.02.2019
2 issues framed by the court
Whether an interim injunction restraining encumbrance of suit property is necessary pending second appeal in absence of sufficient reasons.
Whether the principles of lis pendens prevent any sale during pendency of appeal.
GANDHIMATHI
K.MARIAPPAN
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
