G.Nagamoni vs Gomathiyammal
2021 Latest Caselaw 22208 Mad

                                                                            CMA(MD)No.966 of 2021



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 11.11.2021
                                                       CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                           CMA(MD)No.966 of 2021 &
                                            CMP(MD)No.9172 of 2021


                     G.Nagamoni
                                                                              ... Appellant
                                                          vs.

                     Gomathiyammal                                           ... Respondent


                     PRAYER : Civil Miscellaneous Appeal filed under Order 43 Rule 1(r)
                     and Section 151 of CPC to call for the records and set aside the fair and
                     decreetal order in IA.No.1 of 2020 in OS.No.88 of 2020 dated
                     03.06.2021 on the file of the learned Principal District Judge,
                     Kanyakumari District, Nagercoil and allow the said IA.No.1 of 2020 in
                     OS.No.88 of 2020.


                                   For Appellant        :Mr.S.Abul Kalaam Azad




https://www.mhc.tn.gov.in/judis
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                                                                                    CMA(MD)No.966 of 2021



                                                       JUDGMENT

This Civil Miscellaneous Appeal is filed by the appellant/plaintiff

to set aside the order in IA.No.1 of 2020 in OS.No.88 of 2020 on the file

of the Principal District Judge, Kanyakumari District, Nagercoil.

2. Heard the learned counsel appearing for the appellant.

3. The appellant filed IA.No.1 of 2020 under Order 39 Rule I & II

and Section 151 of CPC, restraining the respondent/defendant from

alienating or encumbering the suit property to third parties. The suit in

OS.No.88 of 2020 was filed for specific performance on the basis of

unregistered sale agreement. Unregistered sale agreement can be

considered for a collateral purpose. Whether Ex.P1, unregistered sale

agreement can be considered, can be decided only after full trial in suit.

It is well settled that any encumbrance to the pending suit, is hit by lis

pendens. In view of the above, the appellant/plaintiff is directed to

conduct the suit itself.

4. The learned Principal District Judge, Kanyakumari District,

Nagercoil is directed to dispose the suit in OS.No.88 of 2020 within a

period of six months from the date of receipt of a copy of this Order. https://www.mhc.tn.gov.in/judis

CMA(MD)No.966 of 2021

With the above direction, this Civil Miscellaneous Appeal is dismissed in

the admission stage itself. No costs. Consequently, the connected

miscellaneous petition is closed.

11.11.2021

Index : Yes/No Internet : Yes/No

mbi

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.

To

The Principal District Judge, Kanyakumari District, Nagercoil

https://www.mhc.tn.gov.in/judis

CMA(MD)No.966 of 2021

S.ANANTHI, J.

mbi

CMA(MD)No.966 of 2021

11.11.2021

https://www.mhc.tn.gov.in/judis