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2014 DIGILAW 4280 (MAD)

Petitioner v. Respondent

2014-11-17

ARUNA JAGADEESAN, M.JAICHANDREN

body2014
Judgment M. Jaichandren, J. 1. This Miscellaneous Petition has been filed praying that this Court may be pleased to grant an order of interim injunction restraining the first respondent from alienating the schedule mentioned property, in the suit, in O.S.No.53 of 2011, on the file of the IV Additional District and Sessions Judge, Coimbatore, pending disposal of the Appeal Suit. 2. In view of the submissions made by the learned counsel appearing on behalf of the petitioner/appellant and in view of the averments made in the affidavit filed in support of the Miscellaneous Petition, we find that the suit filed by the petitioner/appellant in O.S.No.53 of 2011, praying for a direction to the first respondent to pay a sum of Rs.17,20,000/- and for a decree of permanent injunction, had been dismissed, by the IV Additional District and Sessions Judge, Coimbatore, by his judgment and decree, dated 27.02.2014. 3. In such circumstances, we do not find sufficient cause or reason to grant the relief, as prayed for by the petitioner/appellant, in the present Miscellaneous Petition. Hence, M.P.No.1 of 2014 stands dismissed. However, we make it clear that the encumbrance or alienation of the property in question would be subject to the 'Doctrine of Lis Pendens'. 4. The Registry is directed to list the main Appeal Suit, in the usual course.