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Judgment
M. Jaichandren, J.—This Miscellaneous Petition has been filed praying that this Court may be pleased to grant an Order of Injunction restraining the Respondent from alienating or encumbering the Schedule mentioned property in the Suit, in O.S. No.597 of 2006, on the file of the V Additional District and Sessions Court, Coimbatore, pending disposal of the Appeal Suit.
The learned Counsel appearing on behalf of the Petitioner had submitted that though the Sale Agreement had been held to be valid, the Trial Court had dismissed the Suit filed by the Petitioner/Plaintiff, in O.S. No.597 of 2006, holding that the ''time is the essence of the contract'' and that the Petitioner, the Plaintiff in the said Suit, had failed to discharge his duty by making the payment as per the Sale Agreement
The learned Counsel appearing on behalf of the Petitioner had relied upon a decision of the Apex Court in Maharwal Khewaji Trust v. Baldev Dass, AIR 2005 SC 104 to state that the Respondent should be restrained from encumbering or alienating the property in question. However, it is noted that the said decision had been passed by the Apex Court, with regard to the Suit for recovery of possession and that the said Order had been passed in the given case.
The learned Counsel appearing on behalf of the Petitioner had also relied upon a decision of a Division Bench of this Court in Zeebunnisa Begum v. Seven Hills Real Estate, 2008 (4) CTC 126, in support of his contentions. However, we do not find sufficient grounds made out by the Petitioner for the grant of the relief as prayed for by him, in the present. Miscellaneous Petition. Accordingly, 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''.
The Registry is directed to list the main Appeal Suit, in the usual course.