V.S. Gowri v. Periasenathipathi @ Devasenathipathi
Case brief
What is this about?
Interim injunction against alienation/encumbrance of suit properties pending second appeal; partition suit; unsuccessful plaintiff as appellant; Section 52 of Transfer of Property Act; alienation pending appeal subject to appeal result; judgment in second appeal binding on purchasers; CMP.No.18216 of 2025 in S.A.No.544 of 2025; S. Sounthar, J.; disposed of with clarifications; Madras High Court; order dated 29.04.2026.
What did the court decide?
No injunction granted; the Civil Miscellaneous Petition was disposed of with clarifications that alienations by the respondents during pendency of the second appeal are subject to its result and that the judgment in the second appeal will bind purchasers. ¶4