Mrs.Malliga v. R.Udayakumar
Case brief
What is this about?
The court allowed an original application that sought to make absolute an interim injunction order previously granted in a partition suit, restraining the respondents from alienating or encumbering the suit property.
What did the court decide?
The original application was allowed, and the existing interim order of injunction was made absolute.
What the court decided
OA.No. 700 of 2016 in C.S.No. 576 of 2016
O.A.No. 700 of 2016 in C.S.No. 576 of 2016
R.SUBRAMANIAN, J.
This application has been filed seeking an order of injunction restraining the respondents from alienating or encumbering the suit property pending disposal of the suit. The suit is one for partition. The plaintiffs claim 1/4 share each in the suit properties. On finding that the plaintiffs / applicants have made out a prima facie case, this Court has granted an interim order of injunction as early as on 29.08.2016. The said order has been subsequently extended till date. The order of injunction has been in force for nearly 3 years now. Hence, I do not see any reason to vacate or modify the same. Hence, O.A.No. 700 of 2016 will stand allowed. The interim injunction already granted is made absolute.
21.08.2019
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1
OA.No. 700 of 2016 in C.S.No. 576 of 2016
R.SUBRAMANIAN, J.
Issues for consideration
1 issue framed by the court
Whether to maintain or vacate an interim injunction order restraining alienation of suit property pending partition disposal.
Parties & counsel
- applicant
Applicants
- respondent
Respondents
Coram
R.Subramanian
Case details
As recorded by the court registry
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