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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Friday, the First day of October Two Thousand and Twenty One

PRESENT

The Hon`ble Mr.Justice G.R.SWAMINATHAN

C.M.P.(MD)No.5864 of 2021

IN

A.S.(MD)No.177 of 2021

CHELLADURAI

REP BY HIS POWER AGENT RAMACHANDRAN ... PETITIONER/APPELLANT

Vs

1 PARAMASIVAM

2 CHINNASAMY

3 THILAGA @ THILAGAVATHY

4 SUBRAMANIAN

5 DEVARAJ

6 RAJENDRAN

7 SELVAMUTHURAJA

8 CHANDRAN

9 POOMA

10 POONGAVANAM

11 SARASWATHY

12 INTHRANI

13 KALADEVI

... RESPONDENTS/ RESPONDENTS

Petition filed praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court may be

pleased to grant an order of ad-interim injunction and till the

disposal of the first appeal restraining the respondents 1 to 4 from

in any way alienating or encumbering the suit property in OS No.155

of 2018 on the file of Principal District Court, Trichy.

Prayer in AS(MD). 177 of 2021 :

Pleased to reverse and set aside the judgment and decree in

OS No.155 of 2018, on the file of Principal District Judge,

Tiruchirappalli dated 19.12.2019.

ORDER : This petition coming up for orders on this day, upon

perusing the petition and the affidavit filed in support thereof and

upon hearing the arguments of MR.S.RAMESH Advocate for

MR.V.RAGHAVACHARI,Advocate for the petitioner and of M/S.E.KASTHURI,

Advocate on behalf of the 2^nd Respondent, the court made the

following order:-

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

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This appeal arises out of a suit for partition. The suit was

dismissed. The plaintiff is the appellant. The plaintiff apprehends

that during the pendency of this appeal, the suit property may be

alienated and the interest of the third parties may be interfered.

2. I make it clear that any alienation or encumbrance made in

respect of the suit properties during the pendency of the appeal

will necessarily abide by the outcome of the appeal. The

respondent/prospective alienee is directed to make a mention about

this direction in any transaction in which he or she may enter into.

Since some of the respondents have not been served, the petitioner

is directed to send a copy of this order to all of them.

3. This civil miscellaneous petition is disposed of

accordingly.

Sd/-

01/10/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic,

a web copy of the order may be utilized for official purposes, but,

ensuring that the copy of the order that is presented is the correct

copy, shall be the responsibility of the advocate/litigant

concerned.

ENCL: XEROX COPY OF SCHEDULE OF PROPERTY

TO

THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI.

+2CC to M/s.V.RAGHAVACHARI, Advocate ( SR-6889[I] dated 05/10/2021 )

ORDER

IN

C.M.P.(MD)No.5864 of 2021

IN

A.S.(MD)No.177 of 2021

Date :01/10/2021

VB/JM/SAR-II/06.10.2021/2P/4C

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