IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Wednesday, the Thirteenth day of June Two Thousand Eighteen

PRESENT

THE HON`BLE MR JUSTICE M.M.SUNDRESH

and

THE HON`BLE MR JUSTICE N.ANAND VENKATESH

CMP.Nos.18331 & 18332 of 2017

in OSA.No.296 of 2017

PROFESSIONAL MANAGEMENT [PETITIONER IN BOTH THE

OF CONSTRUCTIONS, REP BY ITS

PETITIONS]

PROPRIETRIX.SEETA RAMARAJU, 10,

FIRST FLOOR, 829 ANNA SALAI, CHENNAI - 2.

Vs

1 ESTATE OF IRUSSAMMAL [RESPONDENTS IN BOTH THE

REP BY HER ADMINISTER P. ANBUCHEZHIAN,

PETITIONS]

NO.50, 59TH STREET, 10TH SECTOR,

K.K. NAGAR, CHENNAI - 78.

2 ESTATE OF ALAMELU

REP BY HER ADMINISTER P. ANBUCHEZHIAN,

NO.50, 59TH STREET, 10TH SECTOR,

K.K. NAGAR, CHENNAI - 78.

3 MRS.KAMATCHI

4 C. MUNUSAMY

5 MRS.CHINNAMMAL

6 MRS.GOVINDAMMAL

7 C. RADHA

8 C. KRISHNAN

14 KARAKAIPUDUCHERRY ROAD, URAPPAKKAM,

CHEGALPET TK, KANCHEEPURAM DIST. REP BY

THEIR POWER AGENT P. ANBUCHEZHIAN.

9 P. ANBUCHEZHIAN

10 S. PERUMAL

11 R. DHANASEKARAN

12 C. SHANKAR

13 VIJAYA

14 CHITRA

15 VALLI

16 ANGAMMAL

[RESPONDENT 11 TO 16 IMPLEADED AS PER ORDER DATED 17.03.2006

IN APPLN.NO.776/2000 DELAY IN AMENDMENT CARRIED OUT VIDE

APPLN.NO.1996/06 DATED 12.06.2006 IN CS.NO.41/2003]

Petitions praying that in the circumstances stated

therein and in the respective affidavits filed therewith the

High Court will be pleased to

(i)Pass an order of interim injunction restraining the

respondent 1 to 16 or their agents, servants, men or anyone

claiming under or through them and/or authorised by them

from encumbering, alienating or dealing with the suit

schedule mentioned property, more fully described in the

schedule appended to the judges summons, either by way of

sale, mortgage, lease, joint development or in any other

manner, (in CMP.No.18331/2017)and

(ii)Pass an order of interim injunction restraining the

respondent 1 to 16 or their agents, servants, men or anyone

claiming under or through them and/or authorised by them

from putting up any constructions and/or altering the

physical features of the suit schedule B & C mentioned

properties, more fully described in the schedule appended to

the judges summons, (in CMP.No.18332/2017)pending disposal

of the above OSA.No.296/2017 respectively.

SCHEDULE OF PROPERTY XEROX COPY ATTACHED

Order : These petitions coming on for orders upon

perusing the petitions and the respective affidavits filed

in support thereof and upon hearing the arguments of

M/S.R.THIAGARAJAN, Advocate for the petitioner in both the

petitions and of M/S.T.RAVICHANDRAN, Advocate for the

respondent in both the petitions the court made the

following order:-

(Order of the Court was made by M.M.SUNDRESH, J.)

The plaintiff, aggrieved over the dismissal of the suit

for specific performance, has preferred the present appeal.

Pending the appeal, these two petitions have been filed,

seeking interim injunction.

2. C.M.P.No.18331 of 2017 has been filed against the

alleged alienation and C.M.P.No.18332 of 2017 has been filed

against the proposed alteration of physical features.

3.Learned counsel appearing for the respondents would

submit that there will not be any alienation or encumbrance

till the disposal of the appeal.

4.Recording the aforesaid submission, C.M.P.No.18331 of

2017 stands ordered accordingly. Insofar as C.M.P.No.18332

of 2017 is concerned, any construction or alteration made is

subject to the result of the appeal. C.M.P.No.18332 of 2017

is disposed of accordingly.

Post the main appeal for final hearing on 09