The petitioners filed a cross-motions application seeking an interim injunction to prevent respondents from alienating property during a partition appeal. The court dismissed the petition, reasoning that the underlying partition suit was dismissed for failure to prove the will, rendering any injunction unnecessary.
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C.M.P.No.3882 of 2024
C.M.P.No.3882 of 2024 in A.S.No.118 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
The petitioner seeks an order of interim injunction restraining the respondents from alienating or encumbering the property.
2. The appeal is launched against the dismissal of the petitioner's suit
for partition on the ground that the petitioner has not proved the Will which was the basis for the suit. Any alienation pending appeal will be subject to the result of the appeal. Hence, we do not see any reason for grant of an order of injunction when the suit filed by the petitioner has been dismissed
and there is no order of injunction in favour of the petitioner pending suit.
3. Hence, this petition is dismissed .
(R.S.M., J.) (R.S.V., J.) 03.04.2024
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C.M.P.No.3882 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
dsa
C.M.P.No.3882 of 2024 in A.S.No.118 of 2024
03.04.2024
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1 issue framed by the court
Whether an interim injunction restraining alienation should be granted when the underlying partition suit has been dismissed for failure to prove the will.
Petitioner
Respondents
R.Subramanian
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
