IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Saturday, the Twenty Seventh day of April Two Thousand Nineteen

PRESENT

THE HON`BLE MR JUSTICE M.GOVINDARAJ

CMP No.10583 of 2019

in CMA.No.2333 of 2019

1 MR.G.SIVASHANMUGAM

[ PETITIONERS ]

2 MR.G.MURUGESAN

3 MR.G.RAJENDRAN

Vs

V.BALASUBRAMANIAN (DECD)

[ RESPONDENTS ]

1 MRS. B.SAVITHRI

2 M.RB.THIRUGNANA SAMBANDAM

3 MR.B.SANTHALINGAM,

4 MR.B.SUNDARESAN

5 MRS.B.MANJULA

6 MRS.B.GEETHA

7 MR.A.KARTHIK

8 MRS.A.RAJESWARAI

9 MRS.PARVATHI

10 MRS.SAMUNDEESWARI

11 MRS.VIJAYARANI

12 MR.G.SIVASANKARAN

13 MR.P.ARUMUGAM,

14 MR.K.K.MOORTHY

15 MR.M.MARIMUTHU

16 MR.K.GOPALAKRISHNAN

Petition praying that in the circumstances stated therein

and in the affidavit filed therewith the High Court will be

pleased to grant ad interim injunction against the

respondents / defendants 3 to 7 and 15 to 17 their men, against,

servants, friends relatives and all other persons on their

behalf from behalf from in any manner alienating or altering the

suit schedule of property mentioned in OS.No.380/2008 on the file

of Sessions Judge Mahila Court, Kancheepuram District at

Chengalpattu (in CMP.No.10583/2019)pending disposal of the above

CMA.No.2333/2019.

SCHEDULE OF PROPERTY XEROX COPY ATTACHED

https://hcservices.ecourts.gov.in/hcservices/

Order : This petition coming on for orders upon perusing

the petition and the affidavit filed in support thereof and upon

hearing the arguments of M/S.K.V.SUNDARARAJAN, Advocate for the

petitioner the court made the following order:-

This petition is filed by the petitioner seeking to grant ad

interim injunctin against the respondents / defendants 3 to 7 and

15 to 17 their men, against, servants, friends, relatives and all

other persons on their behalf from behalf from in any manner

alienating or altering the suit schedule of property mentined in

O.S.No.380 of 2008 on the file of Sessions Jude Mahila Court,

kancheepuram District at Chengalpattu pending disposal of the

above appeal.

2. It is seen that the suit for partition / third party

interest is created by selling and altering the property in

dispute. The trial Court has given a finding that the petitioner

has only 25 cents out of the five acres. Therefore, he cannot

prevent the other share holders from selling their respective

shares and implead the purchasers as necessary parties. When the

property is not divided by metes and bounds and the suit for

partition is pending, allowing the respondents to give their

share for sale and creating third party interest in the suit

property will prejudice the rights of the petitioner.

3. Considering the prima facie case in favour of the

petitioner, there shall be an interim injunction against the

respondents / defendants 3 to 7 and 15 to 17 their men, against,

servants, friends, relatives and all other persons on their

behalf from behalf from in any manner alienating or altering Item

20 of the suit schedule of property mentioned in O.S.No.380 of

2008 on the file of Sessions Judge Mahila Court, Kancheepuram

District at Chengalpattu pending disposal of the above appeal.

4. Notice to the respondent returnable in four weeks.

Private notice is also permitted.

-sd/-

27/04/2019

/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. )

High Court, Madras - 600 104.

https://hcservices.ecourts.gov.in/hcservices/

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