Dismissed¶32

Anbumani (Died), 1.Rayappan v. Iyyappan

Madras HC17 Mar 2026CMP/5806/2026

Case brief

AI extract

What is this about?

Interim injunction against alienation/encumbrance of suit property pending appeal not granted; C.M.P. closed. Observations: specific performance rejected, return of advance sale consideration directed, no charge created over property; Section 52 Transfer of Property Act directly applicable, dealing with property requires leave of Court; no injunction during suit pendency. O.S.No.169 of 2020, II Additional District Court, Puducherry; A.S.No.325 of 2026; petitioners brought on record as legal representatives of deceased original plaintiff; Madras High Court, 17.03.2026.

What did the court decide?

Section 52 of the Transfer of Property Act would directly apply; if the respondent seeks to deal with the property, he must comply with the stipulations therein and seek leave of the Court. ¶31

Anbumani (Died), 1.Rayappan Vs Iyyappan — Madras HC (2026) — LawSathi Research

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C.M.P.No.5806 of 2026 in A.S.No.325 of 2026

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.03.2026

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CORAM

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THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN

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AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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C.M.P.No.5806 of 2026

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A.S.No.325 of 2026

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Anbumani (died)

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1.Rayappan S/o.Saminathan

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2.Stephen Singh S/o.Rayappan

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3.Stalin Singh S/o.Rayappan ... Petitioners

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Iyyappan S/o.Perumal ... Respondent

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[Cause title accepted vide Court order dated 08.01.2026 made in C.M.P.No.293/2026 in A.S.Sr.No.211532 of 2025 [NSKJ & RSVJ])

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

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C.M.P.No.5806 of 2026 in A.S.No.325 of 2026 Civil Miscellaneous Appeal filed under Section 151 of the Civil Procedure Code praying to grant an order of interim injunction restraining the respondent herein from alienating, encumbering or in any manner dealing with the property that is the subject matter of the suit in O.S.No.169 of 2020 on the file of the II Additional District Court, Puducherry, during the pendency of the appeal suit and until its final disposal.

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For Petitioners : Mr.R.Bharath Kumar For Respondent : Mr.K.S.Jeyaganeshan

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O R D E R

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[Order of the Court was made by C.V. KARTHIKEYAN, J ]

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This petition has been filed seeking an order of interim injunction restraining the respondent herein from alienating, encumbering or in any manner dealing with the property pending disposal of the appeal.

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Since the original plaintiff in the suit died, the petitioners herein

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had been brought on record as legal representatives of the original plaintiff. The suit has been filed seeking specific performance of an agreement of sale. The relief seeking specific performance had been rejected, but, return of advance sale consideration had been directed. However, a charge had not 2/4

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

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C.M.P.No.5806 of 2026 in A.S.No.325 of 2026

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been created over the property by the trial Court. Section 52 of the Transfer

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of Property Act would directly apply and if the respondent seeks to deal with the property, he must comply with the stipulations therein and seek leave of the Court. It is also noted that during the pendency of the suit, injunction order was not granted and the petitioners/appellants had not enjoyed such an order.

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Observing as above, C.M.P.No.5806 of 2026 stands closed.

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[C.V.K., J] [K.R.S., J] 17.03.2026

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Index:yes/no Netural Citation:yes/no Speaking Order/Non-speaking Order gm

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3/4

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

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C.M.P.No.5806 of 2026 in A.S.No.325 of 2026