In an appeal against a temporary injunction order, the court dismissed the applicant's prayer to restrain respondents from alienating suit properties in an underlying partition suit, noting lack of evidence regarding imminent alienation.
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 Twenty Ninth day of October Two Thousand Twenty One
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
CMP.No.16768 of 2021
in SA.No.885 of 2021
M.VIJAYALAKSHMI
Vs
1 L. MANICKAM [ RESPONDENT ]
2 S. SURESHKUMAR
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue an order of temporary injunction restraining the Respondents herein from alienating or encumbering the suit properties concerned in OS No.347 of 2018 on the file of Sub Court, Omalur pursuant to the decree and Judgement dated 30.04.2021 passed in AS No.96 of 2019 on the file of Principal District Judge, Salem(in CMP.No.16768 of 2021)pending disposal of the above SA.No.885 of 2021.
[Schedule of property-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 MR.A.K.KUMARASAMY, Senior Counsel for M/S.KAITHAMALAI KUMARAN, Advocate for the petitioner, the court made the following order:-
The above application has been filed to grant an order of injunction restraining the respondents herein alienating or encumbering the suit properties concerned in O.S.No.347 of 2018 pending in the file of the Sub Court, Omalur pursuant to the decree and Judgment dated 30.4.2021 passed in A.S.No.96 of 2019 on the file of Principal District Judge, Salem. The suit in question is one for partition and the plaintiff whose suit has been dismissed is in the appeal before this Court. The appellant/plaintiff had not been enjoying any interim orders pending the suit and that be the case it is needless to state that issue of alienation will be subject to lis pendens.
2.With these observations, the above application is dismissed.
3.Further the affidavit filed in support of the said application does not contain any averments to support the contentions that the respondent is taking steps to alienate the suit properties.
4.The learned Senior Counsel appearing for the instructing Counsel informs that the Counsel is filing the necessary said application. Post the matter after Diwali vacation.
-sd/-
29/10/2021
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE SUBORDINATE JUDGE, OMALUR,SALEM DISTRICT.
2 THE PRINCIPAL DISTRICT JUDGE, SALEM.
Order
in
CMP.No.16768 of 2021
in SA.No.885 of 2021
Date :29/10/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(10/11/2021)
2 issues framed by the court
Whether to grant a temporary injunction restraining respondents from alienating suit properties pending disposal of the civil appeal.
Whether the affidavit filed supports averment that respondents are taking steps to alienate the suit properties.
M. Vijyalakshmi
L. Manickam
S. Suresh Kumar
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
