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2026 DAILYLAW 44692 (MAD)

Eswari v. Lakshmi

CMP/15971/2026 · 2026-07-06

V Lakshminarayanan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.M.P.No.15971 of 2026 in SA No. 442 of 2026 __________ Page1 of 2 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN C.M.P.No.15971 of 2026 in SA No. 442 of 2026 Eswari ..Petitioner(s) Vs 1. Lakshmi 2. Vijayakumar 3. Ramasamy ..Respondent(s) This Civil Miscellaneous Petition is filed under Order XXXIX Rule 1 and 2 CPC, to grant an order of interim injunction restraining the third respondent, his men, agents, servants, power agents or any other person claiming through or under him from in any manner alienating, selling, transferring, charging, leasing, mortgaging or creating any third party interest or enumbtance over the scheduled suit properties, pending disposal of the second appeal. For Petitioner(s): Mr.B.Ram Kumar JUDGMENT This Civil Miscellaneous Petition has been filed seeking an order of interim injunction restraining the third respondent, his men, agents, servants, power agents, or any other person claiming through or under him from, in any manner, alienating, selling, transferring, charging, leasing, mortgaging, or https://www.mhc.tn.gov.in/judis C.M.P.No.15971 of 2026 in SA No. 442 of 2026 __________ Page2 of 2 V.LAKSHMINARAYANAN, J. VKR creating any third-party interest or encumbrance over the scheduled suit properties, pending disposal of the second appeal 2. Heard the learned counsel appearing for the appellant. 3. There is no necessity to grant an order of interim injunction, as any alienation made during the pendency of the second appeal would be subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act. 4. Hence, this Civil Miscellaneous Petition is dismissed. 06-07-2026 VKR To 1.The III Additional District and Sessions Judge, Dharapuram. 2.The Subordinate Judge, Dharapuram. C.M.P.No.15971 of 2026 in SA No. 442 of 2026 (2/2) https://www.mhc.tn.gov.in/judis