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2007 Supreme(Mad) 1993

S.ASHOK KUMAR
Bank of India, rep. by its Branch Manager, Lakkampatti Branchm 70, Sathi Main Road, Karatadipalayam, Gobichettipalayam 638 453 – Appellant
Versus
N. Natarajan & Another – Respondent


Advocates:
For the Petitioner:M/s. Sree Associates. For the Respondents: R1,
P.R. Balasubramanian, Advocate.

Judgment :-

This Civil Revision Petition is filed against the fair and decretal order dated 11. 2006 made in I.A.No:784 of 2006 in O.S.No. 227 of 2006 by the learned District Munsif, Sathyamangalam in extending the interim stay when the suit and the I.A., are not maintainable in law in view of the bar under Section 34 of the SARFAESI Act.

2. The first respondent/plaintiff filed the suit for the relief of perpetual injunction against the defendants and their men from interfering with the peaceful possession and enjoyment of the suit property till the completion of the agreement period of three years starting from 3. 2006 and ends with 3. 2009. According to the plaintiff he entered into an agreement on 3. 2006 with the second respondent herein and took possession of the suit property and invested huge amount for working capital and doing modern rice mill business. It is his case that he also verified the encumbrance and found that there was no encumbrance entries regarding the suit property and the land. The plaintiff alleges that the second respondent in collusion with the revision petitioner/mortgagee makes attempts to get possession of the suit property where the modern rice mill






















































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