S.ASHOK KUMAR
The Authorized Officer, Corporation Bank V. Koottu Road, Sheep Farm Post, Attur Taluk, Salem District – Appellant
Versus
Minor Sathiya & Others – Respondent
The second defendant-Bank has filed this revision challenging the order of the learned Subordinate Judge, Attur, Salem District, granting the order of status quo in the interim injunction application filed by the plaintiffs, on the ground that the very suit and the Interlocutory Application are not maintainable in view of the specific bar contained in Section 34 of the SARFAESI Act.
.2. The case in brief is as follows:
.The revision petitioner is the second defendant in the suit O.S.No.14 of 2007 filed by respondents 1 and 2 for the relief of partition and separate possession and consequential relief of permanent injunction and for costs. The plaintiffs have also filed the present I.A.No.86 of 2007 under Order XXXIX Rule 1 and 2 and Section 151 CPC praying for the grant of ad interim injunction. The Court below ordered status quo by order dated 19.02.2007. Aggrieved over the said order, the second defendant is before this Court by way of revision.
.3. The Plaint averments are that the plaintiffs are daughter and son of the first
.defendant and they are in custody of their mother. The plaintiffs and the first defendant are having equal shares in the A and B schedule
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.