The court dismissed applications for interim injunction restraining alienation of property in suits for money, holding that such relief under Order 39 Rules 1 and 2 CPC is only available when the right to property is in dispute, which was not the case here.
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C.M.P.Nos.10235 & 10245 of 2024 in
A.S.Nos.324 & 329 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
The prayer in these petitions run as follows:-
C.M.P.No.10235 of 2024
"to grant an order of injunction restraining the 2nd respondent herein, her men and agents herein from in anyway alienating the suit property subject matter in O.S.No.99 of 2018 on the file of the Additional District Judge FTC, Vellore, Vellore District pending disposal of the above appeal."
C.M.P.No.10245 of 2024
"to grant an order of injunction restraining the 2nd respondent herein, her men and agents herein from in anyway alienating the suit property subject matter in O.S.No.100 of 2018 on the file of the Additional District Judge FTC, Vellore, Vellore District pending disposal of the above appeal."
2.The suits for money filed by the appellants have been dismissed, forcing to come up with these appeals. Order 39, Rule 1 & 2 of the Code of Civil Procedure enables a Court to grant an injunction only when right to property is in dispute in a suit and not otherwise. Therefore, we do not think, remedy by way of an interim injunction is available to the appellants. Hence, both these petitions are dismissed.
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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
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C.M.P.Nos.10235 & 10245 of 2024 in A.S.Nos.324 & 329 of 2024
01.07.2024
1 issue framed by the court
Is interim injunction available in a suit for money where right to property is not in dispute?
1 provisions across 1 enactments
Appellants
Respondents
R. Subramanian
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
