The petitioners sought an injunction to restrain respondents from alienating properties subject to a dismissed partition suit. The Court dismissed the petition, holding that any pending alienation is subject to the result of the appeal under Section 52 of the Transfer of Property Act.
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C.M.P.No.26276 of 2024 in AS No.977 of 2024
R.SUBRAMANIAN, J. and C.KUMARAPPAN, J.
[Order of the Court was made by R.SUBRAMANIAN, J.]
The petitioners seek an order of injunction restraining the respondents from alienating or encumbering the suit properties.
2. Admittedly the suit filed by the petitioners seeking partition has been dismissed. Any alienation made pending appeal will be subject to the result of the appeal, in view of Section 52 of the Transfer of Property Act.
3. Hence, we see no reason to grant an order of injunction. Accordingly, this petition is dismissed . It is made clear that any alienation made will be subject to the result of the appeal.
(R.S.M., J.) (C.K., J.) 04.12.2024
dsa
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1 issue framed by the court
Whether the Court should grant an injunction restraining respondents from alienating suit properties pending appeal?
1 provisions across 1 enactments
R.SUBRAMANIAN
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
