Plaintiffs in a dismissed partition suit filed a separate suit for bare injunction restraining alienation of the same property pending their second appeal. The High Court held such interim relief must be sought in the pending appeal itself, found no substantial question of law, and dismissed the second appeal.
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S.A.No.550 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2026
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.No.550 of 2023
and
C.M.P.No.17290 of 2023
1.C.Duraisamy
Lakshmi (Deceased)
2.Shanmugasundaram
3.Mallika
... Appellants
vs.
1.Kandasamy
Periyammal (Deceased)
Saraswathi (Deceased)
3.K.R.Sigamani
4.C.Eswaramoorthi
P.Jaganathan (Deceased)
5.P.K.Sivanmalai
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6.K.S.Shanmugam
7.K.Rajeswari
8.K.Dhakshinamoorthi
9.Anitha
10.A.Sivakumar 11.Meenakshi 12.Mani @ Duraisamy
13.G.Parvathi
14.Eswari
15.Sivasubramaniam ... Respondents
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 15.07.2022 made in A.S.No.50 of 2018 on the file of 1 st Additional Subordinate Judge, Erode confirming the judgment and decree dated 30.08.2018 made in O.S.No.52 of 2013 on the file of 1 st Additional District Judge, Erode.
For Appellants : M/s.V.V.Sathya
For R1 : Mr.N.Manoharan
For R2 to R4, R7, R8 and R10 to R12 : No Appearance
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S.A.No.550 of 2023
J U D G M E N T
The unsuccessful plaintiffs are the appellants. They filed a suit for
bare injunction restraining the respondents/defendants 1 to 16 from alienating the suit property pending disposal of second appeal in S.A.No.478 of 2008 on the file of this Court. The suit was dismissed by the Trial Court and the judgment and decree of the Trial Court were affirmed by the First Appellate Court. Challenging the concurrent findings, the plaintiffs have come before this Court.
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written statements and resisted the suit on the ground that the prayer sought for in the plaint seeking injunction restraining the defendants 1 to 16 from alienating the suit property pending second appeal was not at all maintainable.
two other witnesses were examined as PW.2 and PW.3. On behalf of the plaintiffs, 7 documents were marked as Exs.A1 to A7. On behalf of the defendants, one Jagadeesh was examined as DW.1 and no document was marked on their behalf.
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S.A.No.550 of 2023
interim relief pending second appeal. Instead of filing appropriate interim application before this Court in the pending second appeal, the appellants/plaintiffs are not entitled to file a separate suit seeking interim relief pending second appeal. Both the Courts below on proper appreciation of legal position, dismissed the suit filed by the appellants/plaintiffs. I do not find any legal error in the said findings of the Courts below. The appellants have not made out any substantial question of law for consideration in this second appeal.
10. In Nutshell :-
(i) The Second Appeal stands dismissed.
(ii) Consequently, the connected civil miscellaneous petition is closed.
(iii) In the facts and circumstances of the case, there will be no order as to costs.
09.06.2026 Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
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To
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S.SOUNTHAR, J.
dm
S.A.No.550 of 2023
09.06.2026
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2 issues framed by the court
Whether a separate suit for injunction restraining alienation pending a second appeal over the same property is maintainable, or whether interim relief must be sought in that appeal.
Whether the appellants made out any substantial question of law under Section 100 CPC.
2 provisions across 2 enactments
C.Duraisamy
Shanmugasundaram
Mallika
Kandasamy
Palaniammal
K.R.Sigamani
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
