The petitioner sought an interim injunction to restrain the respondents from alienating the suit schedule properties subject to a pending suit. The court noted that any alienation would be subject to the result of the Second Appeal.
The Civil Miscellaneous Petition was 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 )
Thursday, the Seventh day of October Two Thousand Twenty One
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
CMP.No.15988 of 2021
in AS.No.340 of 2021
KOLANJIAMMAL [ PETITIONER ]
Vs
1 M.JAYARAMAN [ RESPONDENTS ]
2 J. RAJAVALLI
3 J. RAMALINGAM
8 ANANTHI
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 Interim Injunction restraining the defendants, his agents from alienating or encumbering the suit schedule properties which is the subject in O.S.No.9 of 2016, on the file of The I Additional District and Session Judge at Cuddalore [in CMP.No.15988 of 2021].
DESCRIPTION OF PROPERTIES XEROX COPY ATTACHED
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.NEETHIDURAI, Advocate for the petitioner, the court made the following order:-
The above application has been filed to grant an order of injunction restraining the defendants, agents alienating or encumbering the suit schedule properties which is the subject in matter in O.S.No.9 of 2016, on the file of the learned I Additional https://hcservices.ecourts.gov.in/hcservices/ District and Sessions Judge, Cuddalore.
2.Considering the fact that any alienation pending this appeal would be subject to the result of the Second Appeal, no order need be passed in the above Civil Miscellaneous Petition.
3.Therefore, this Civil Miscellaneous Petition is dismissed.
-sd/-
07/10/2021
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CUDDALORE
Order
in
CMP.No.15988 of 2021 in AS.No.340 of 2021
Date :07/10/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 13/10/2021
2 issues framed by the court
Whether an order of interim injunction should be passed to restrain the defendants from alienating or encumbering the suit schedule properties pending the appeal.
The effect of potential alienation of properties on the outcome of the Second Appeal.
Kolanjiammal
M. Jayaraman
J. Rajavalli
J. Ramalingam
J. Muthukumar
J. Anandhakumar
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
