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1992 Supreme(Mad) 143

MISHRA, SWAMIDURAI
K. Rama Naidu – Appellant
Versus
S. K. Parthasarathy Naidu and another – Respondent


Advocates:
R.Gandhi, Senior Counsel, for Mr.A.A.Lawrence, for Appellant. N.S.Nandakiimar, k.Singaravelu, for Respondent No.1. T.Arulraj, for Respondent No.2.

Judgment :-

Mishra, J.

The first defendant in a suit on the Original Side of the court has appealed against an order of injunction issued in terms as follows:

"That the interim order of the court herein dated 16. 1991 directing the respondents herein not to encumber or alienate the property more fully set out in the schedule hereto, in any manner to third parties and extended till 26. 1991 by order dated 20.6.1991 be and is hereby made absolute till the disposal of the above suit C.S.No.597 of 1991."

2. The plaintiff/first respondent and the second defendant/second respondent have a common cause in the injunction petition. For the purpose of appreciating the nature of the dispute between the parties, we may refer to the contents of the plaint and if necessary to the affidavits filed in the course of the hearing of the injunction petition. We do not, however, have the advantage of the written statement of the first defendant/appellant. We shall, however, for the purpose of deciding, the question of injunction, accept the allegations in the supporting affidavit as uncontroverted.

3. According to the plaintiff, he and defendants 1 and 2 have been dealing in real estate within and out












































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