CMP regarding stay on alienation of suit property pending civil appeal. Court closed petition noting service lacked, but directed clerks that any alienation would be void under lis pendens.
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 )
Monday, the Fourth day of March Two Thousand Nineteen
PRESENT
THE HON`BLE MR.JUSTICE M.M.SUNDRESH
THE HON`BLE MR.JUSTICE C.SARAVANAN CMP No.8439 of 2018 in AS No.335 of 2018 SANTHAKUMARI [ PETITIONER ] Vs 1 D. JAYAPRAKASH [ RESPONDENTS ] 2 D. DHARARAJAN 3 D. SUNDARRAJAN 4 D. SELVAKUMARI 5 D. VASANTHAKUMARI
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 alienating the suit property in subject matter of O.S.No.165 of 2011 on the file of the V Additional District Judge, Coimbatore in item No.1 and 2 of suit schedule property, pending AS NO.335 of 2018.
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 M/S.S.GUNALAN, Advocate for the petitioner the court made the following order:-
Notice has not been served on the respondents.
This petition stands closed with the observation that any alienation or encumbrance will be hit by doctrine of lis pendens.
-sd/04/03/2019 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.
TO
1 THE IVTH ADDITIONAL DISTRICT JUDGE, COIMBATORE.
C.C. to M/S.S.GUNALAN Advocate on payment of necessary
charges
Order
in
CMP.8439/2018
in AS.335/2018
Date :04/03/2019
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
VS 11.03.2019
SANThAKUMARI
D. JAYAPRAKASH
D. DHARARAJAN
D. SUNDARRAJAN
D. SELVAKUMARI
D. VASANTHAKUMARI
M.M. Sundresh
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
