Petitioner whose specific performance suit was dismissed sought temporary injunction against alienation of the suit property pending appeal. The court held that pending alienations are subject to the appeal's result under Section 52 Transfer of Property Act, and dismissed the petition.
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C.M.P.No.8890 of 2024 in
A.S.No.259 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
The prayer in this petition runs as follows:-
"to grant temporary injunction against the respondents, their men, their agents, and anybody else claiming right through them in any manner whatsoever, restraining them from dealing with or alienating either by sale, gift, settlement, lease, mortgage or otherwise or creating an encumbrance in any form over the property forming the subject matter of the suit in O.S.No.227 of 2008 on the file of the II-Additional District & Sessions Judge, Tiruppur, pending disposal of the above appeal."
(R.S.M., J.) (R.S.V., J.) 03.06.2024
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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
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C.M.P.No.8890 of 2024 in A.S.No.259 of 2024
03.06.2024
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1 issue framed by the court
Whether temporary injunction restraining alienation of suit property should be granted pending appeal after dismissal of specific performance suit.
1 provisions across 1 enactments
Petitioner in C.M.P.No.8890 of 2024
R. Subramanian
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
