Madras High Court
OSA/315/2022 of R.MARTIN Vs Mrs.PRINCY MARTIN on 6 October 2026
OSA No. 315 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA No. 315 of 2022
CNR:{HCMA011998162022}
AND
CMP NO. 22078 OF 2022,
CMP NO. 22075 OF 2022
1. R.Martin
2. Philomina
3. Trinity and Co.,
No 04, L.D.Road, Little Mount, Saidapet,
Chennai 600 015.
4. M/s Trinity Estates
Represented by its Partner Mr.R.Martin,
No.04, L.D.Road, Little Mount,
Saidapet, Chennai 600 015.
5. Trinity Hospice,
Represented by Mr.R.Martin (Founder)
6/2743 Pookara St.Mary Street,
Near St.Joseph Matric Higher Secondary
School, Thanjavur 613 001.
..Appellant(s)
Vs
1. Mrs.Princy Martin
2. Dr.Jude Jeyarathina Martin
3. The Inspector General of Registration 100 Santhome High Road, Pattinapakkam,
OSA No. 315 of 2022
4. The Sub Registrar
Konnur High Road,
South Thirumalai Nagar,
Villivakkam, Chennai,
Tamilnadu 600 049.
5. M/s.Lalitha Jewellery
Represented by its Managing Director,
Mr.Kiran Kumar Mool Chand,
No.53, Icon Savithri Ganesh Building,
Abi Bullah Road, T.Nagar,
Chennai 600 017.
..Respondent(s)
Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules r/w. Clause 15 of the Letters Patent to set aside the Impugned order dated 09.11.2022 in A.No.4995 of 2022 and O.A.No.531 of 2022 in C.S.No.180
of 2022.
For Appellant(s):
Mr.RMD.Nazirullah
for Mr.R.Prabhakaran
For Respondent(s):
Mrs.Auxilia Peter
for R1 and R2;
Mr.Karthik Selvaraj
Additional Government Pleader
for R3 & R4;
No appearance for R5
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JUDGMENT
(Judgment of the Court was delivered by N.Sathish Kumar J.) Challenging the order of the learned Single Judge made in A.No.4995 of 2022 and O.A.No.531 of 2022 in C.S.No.180 of 2022, dated 09.11.2022, directing the parties not to alienate the subject properties during the pendency of
OSA No. 315 of 2022
the suit except under leave of the Court and also directing the parties to file necessary affidavit to that effect, defendants 1 to 3, 7 and 8 have filed the above Original Side Appeal.
2. Heard the learned counsel on either side and perused the entire materials available on record.
3. The only point that arises for consideration in this Appeal is whether the order of the learned Single Judge affects the rights of the parties.
4. The suit has been originally filed by the wife and son against her husband and sister-in-law, for permanent injunction. During the pendency of the suit, the present application has been taken out not to alienate the subject properties. The learned Single Judge, taking note of the fact that the right to immovable properties is directly in question, has held that till the applications are heard, the defendants, cannot alienate the properties except under leave of the Court. Accordingly, the learned Single Judge has directed the parties to file an affidavit in this regard.
5. However, instead of filing the necessary affidavit before this Court, the appellants/defendants have filed this Appeal and the matter has been kept pending all these years. We are of the view that no right, whatsoever, has been
OSA No. 315 of 2022
decided by the learned Single Judge in the impugned order. The learned Single Judge has simply observed that, if the defendants want to alienate the properties, that can be done only with the permission of this Court. Except that, there is no order affecting the rights of either parties. In such view of the matter, we are of the view that the impugned order does not require any interference. Let the parties cooperate with the trial and the learned Single Judge is requested to dispose of the suit as expeditiously as possible, without any further delay.
6. Accordingly, this Original Side Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (N.S.K.,J.) (G.K.M.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MKN To
1. The Inspector General of Registration 100 Santhome High Road, Pattinapakkam, Chennai 600 028.
2. The Sub Registrar Konnur High Road, South Thirumalai Nagar, Villivakkam, Chennai, Tamilnadu 600 049.
OSA No. 315 of 2022
N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. MKN OSA No. 315 of 2022 06-10-2026