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2024 Supreme(Kar) 234

R. NATARAJ
R. Ganeshan – Appellant
Versus
Bharath Jaganathan – Respondent


Advocates appeared:
Allah Bakash M., Advocate, Leeladhar H.P., Advocate

JUDGMENT

1. The defendant No.1 in O.S.No.837/2021 on the file of the Principal Senior Civil Judge and JMFC, Anekal (henceforth referred to as 'Trial Court') has filed this appeal challenging the correctness of the order dtd. 14/12/2022 by which, an application filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Sec. 151 of CPC was allowed and the defendant No.1 was restrained from alienating, encumbering or transferring the suit schedule properties till the disposal of the suit.

2. The suit in O.S.No.837/2021 was filed for the following reliefs:-

    (a) declare that the alleged cancellation of the power of attorney by the Defendant dtd. 6/3/2020 cancelling the registered power of attorney executed in favour of the Plaintiff by the Defendant dtd. 18/12/2007 is null and void, non-est in the eye of law and not binding on the Plaintiff.

(b) Directing the Defendant No.1 to come and execute the sale deeds in respect of the schedule properties in favour of the proposed purchasers through the Plaintiff as that of a Power of Attorney holder for whom the Defendant No.1 has received the consideration of Rs.68, 00, 000.00;

In the alternative directing the Defendant No.1 to execute the

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