The High Court dismissed an interim injunction petition, noting no alienation intent by beneficiaries. Due to the appellant's 85-year-old age and deathbed condition, the appeal for disposing of the impugned order was adjourned to 01.12.2020.
Interim injunction petition closed; appeal adjourned for final disposal to 01.12.2020.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Thursday, the Fifth day of November Two Thousand and Twenty
PRESENT
The Hon'ble Mr.Justice M.GOVINDARAJ
CMP(MD) No.4682 of 2019 IN AS(MD) No.87 of 2019
W.RAJAN D.YESUDIAN ... PETITIONER/APPELLANT
Vs
1 G.JEYACHANDRAN DEVASAHAYAM
2 G.SELVAHARAN
Prayer in CMP(MD) No.4682 of 2019:
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim injunction restraining the Respondents, men, servants subordinate or agents from in any manner making improvement or alienating the suit properties which are the subject matter of OS No.101 of 2014 on 12.07.2018 on the file of the Principal District Judge, Kanyakumari District at Nagercoil.
Prayer in AS(MD) No.87 of 2019:
To call for the records of in OS No.101 of 2014 on the file of the Principal District Court, Nagercoil dated 12.07.2018, set aside the same and allow the Appeal.
SCHEDULE OF PROPERTY
| District | : | Kanyakumari |
|---|---|---|
| Taluk | : | Agasteeswaram |
| Village | : | Nagercoil |
| O.S.No. | : | 2518 |
| R.S.No. | : | P1/29 |
| Area | : | Originally 20 cents and later 21.00 cents as per area and records with house building at Northern area. |
| Description | : | 21.00 cents of land and old one storied concrete house building at its northern portion bounded by old granite stone compound. |
| Boundaries | : | |
| North | : | Bhagavathy Perumal's Property |
| West https://hcservicesecourtsgovin/hc |
: ervices/ |
Besil Thankappa's Property |
| South ... |
: |
Sivanantham's Property |
| East | : | Observatory Street |
2
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.K.P.S.PALANIVELRAJAN, Advocate for the petitioner and of MR.D.NALLATHAMBI, Caveator on behalf of the Respondents 1 and 2 and MR.S.XAVIER RAJINI, Advocate for Respondents 3 and 4, the Court made the following order:-
The beneficiaries of the Will, which is the subject matter of the appeal, are the third and fourth respondents. The learned counsel appearing for the third and fourth respondents would submit that the third and fourth respondents have no intention to alienate the property.
sd/-
05/11/2020 / TRUE COPY / / /2020
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
THE PRINCIPAL DISTRICT JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.
+1 CC to M/s.D.NALLATHAMPI, Advocate ( SR-7361[I] dated 06/11/2020)
ORDER IN
CMP(MD) No.4682 of 2019 IN AS(MD) No.87 of 2019 Date :05/11/2020
SML
TE/JC/SAR-IV : 09/11/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/
3 issues framed by the court
Whether to grant interim injunction regarding alienation of suit properties pending appeal.
Whether to set aside the impugned order under OS No.101 of 2014.
Whether to fix date for final disposal of the appeal given the appellant's health condition.
1 provisions across 1 enactments
W. RAJAN D. YESUDIAN
G. JEYACHANDRAN DEVASAHAYAM
G. SELVAHARAN
GANESAN
MURUGHAN
M. GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
