Disposed¶18

R. Basakaran v. P. Dhanalakshmi

Madras HC25 Mar 2026CMP(MD)/1449/2026

Case brief

AI extract

What is this about?

Interim injunction sought in appeal against decree denying specific performance (refund-only decree in O.S.No.3 of 2025); restraint on alienation/encumbrance of suit property pending appeal; Section 151 C.P.C.; CMP(MD) No. 1449 of 2026; Madurai Bench of Madras High Court; G.R. Swaminathan and R. Poornima; interim relief declined as not in interest of justice; rights of parties to abide by appeal outcome; petition disposed.

What did the court decide?

Since the petitioner/appellant had been denied the relief of specific performance by the trial court itself, granting the interim relief sought may not be in the interest of justice. ¶17

R. Basakaran Vs P. Dhanalakshmi — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 1449 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN

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AND

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THE HONOURABLE MS.JUSTICE R. POORNIMA

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CMP(MD) NO. 1449 of 2026

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R. Basakaran S/o. Ramamurthy Residing at Nadupattipal Marudhur Village Kulithalai Taluk Karur District. Presently residing at Door No.209/1 SRM Complex Nangavaram Road Perugamani Sririangam Taluk Trichy District.

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Petitioner(s) Vs

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P. Dhanalakshmi W/o. Periyasamy Door No. 4/343 Sanarpalayam Periyakarupar Village Srirangam Taluk Trichy District. Respondent(s) For Petitioner(s): Mr.P.Ganapathi Subramanian For Respondent(s): Mr.V.George Raja

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Prayer: This petition is filed under Section 151 of C.P.C., to pass an order of interim injunction thereby restraining the respondent/defendant form creating any sort of encumbrance with regard to the suit property pending disposal of the appeal and thus render justice.

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

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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 plaintiff is the appellant herein. His suit for specific performance in O.S.No.3 of 2025 was decreed only to the extent of ordering refund. The relief of specific performance was denied. Aggrieved by the same, this appeal has been filed.

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The petitioner / appellant wants this court to restrain the defendant from alienating or encumbering the suit property during the pendency of this appeal.

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When the petitioner was denied the relief of specific performance by the trial court itself, it may not be in the interest of justice to grant the interim relief sought for by the petitioner. The rights of the parties will abide by the outcome of the appeal.

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4.This Civil Miscellaneous Petition is disposed of accordingly.

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(G.R.SWAMINATHAN J.) (R.POORNIMA J.) 25-03-2026

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rmi

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To 1. P. Dhanalakshmi W/o. Periyasamy Door No. 4/343 Sanarpalayam Periyakarupar Village Srirangam Taluk Trichy District.

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