Dismissed¶22

Chithambaranathan(Died) 1. Rengammal v. Paramasivan

Interim injunction – Section 151 CPC – maintainability

Madras HC18 Jun 2025CMP(MD)/8052/2025

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What is this about?

Madras High Court, Madurai Bench; CMP(MD) No.8052 of 2025 in AS(MD) No.206 of 2025; Section 151 Civil Procedure Code; interim injunction; restraint on alienation or encumbrance of suit property; lis pendens; maintainability of miscellaneous petition; declaration without consequential relief; O.S.No.20 of 2020, Additional District and Sessions Court, Padmanabhapuram; Kanyakumari District; petition dismissed; Justice G.R. Swaminathan; decided 18-06-2025.

What did the court decide?

The miscellaneous petition is not maintainable: the petitioners, as plaintiffs in O.S.No.20 of 2020, sought the relief of declaration alone without any consequential relief and did not enjoy any interim order during the pendency of the suit; the petition is accordingly dismissed. ¶22

Chithambaranathan(Died) 1. Rengammal Vs Paramasivan — Madras HC (2025) — LawSathi Research

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CMP(MD) NO. 8052 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-06-2025 CORAM THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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CMP(MD) NO. 8052 of 2025 in

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A.S.(MD)No.206 of 2025

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Chithambaranathan(Died) 1. Rengammal

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W/o.Late. Chithambaranathan, Eethancadu, Vellichanthai Post, Vellichanthai B village, Kalkulam Taluk, Kanyakumari District.

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Petitioner(s) Vs

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Paramasivan

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S/o.Arjun, Eethancadu, Vellichanthai Post, Vellichanthai B Village, Kalkulam Taluk, Kanyakumari District.

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Respondent(s)

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Prayer : Miscellaneous Petition is filed under Section 151 of Civil Procedure Code to pass an order of interim injunction restraining the respondent from alienating or encumbering the suit property which is subject matter of suit in O.S.No.20 of 2020 on the file of Additional District and Sessions Court, Padmanabhapuram, pending disposal of the appeal.

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For Petitioner(s):

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S. Kumar Gavin Silvester J M/s. S.Selva Krishnan

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For Respondent(s):

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1/2

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https://www.mhc.tn.gov.in/judis

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CMP(MD) NO. 8052 of 2025

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ORDER

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(Order of the Court was made by the Hon'ble G.R.SWAMINATHAN J.)

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The petitioners herein are the plaintiffs in O.S.No.20 of 2020 on the file of the

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Additional District and Sessions Court, Padmanathapuram. The plaintiffs sought the relief of declaration alone. They did not seek any consequential relief. Thus, during

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the pendency of the suit, they did not enjoy any interim order. Therefore, this miscellaneous petition may not be maintainable and it is accordingly dismissed.

sd/18/06/2025

/ TRUE COPY /

/06/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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IAS TO

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THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PADMANABHAPURAM.