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2009 Supreme(Mad) 4892

V.PERIYA KARUPPIAH, M.CHOCKALINGAM
Merit Resorts Pvt. Ltd. Represented by its Director S. Shalini Chennai – Appellant
Versus
Canara Bank Teynampet Branch & Another – Respondent


Advocates Appeared:
For the Appellant:T.V. Ramanujun, Senior Counsel, for G. Desingu, Advocate.
For the Respondents:R1, T.K. Seshadri, Senior Counsel, for Srinath Sridevan, Advocate, R2, G. Masilamani Senior Counsel, Venkatesh Mahadevan, Advocate.

Judgment :-

M. Chockalingam, J.

This intracourt appeal has arisen from the order of the learned Single Judge of this Court made in O.A.No.474 of 2009 in C.S.No.407 of 2009 declining to grant interim injunction.

2. Pending the suit for declaration that the sale certificate issued by the first defendant bank dated 110. 2007 registered as document No.1875/2007 on 110. 2007 at the office of SRO, Udhagamandalam is null and void and not binding on the plaintiffs property and for permanent injunction restraining the defendants from in any manner directly or indirectly acting upon the said sale certificate, the instant application seeking interim injunction restraining the respondents from in any manner directly or indirectly acting upon the sale certificate dated 110. 2007, a registered one with the Sub Registrar, Udhagamandalam, by taking possession of the property pending disposal of the suit.

3. After the grant of ad-interim injunction at the time of the initiation of the proceedings, the respondents filed their counter affidavits. On enquiry, the learned Single Judge has dismissed the said application with costs. Aggrieved, the plaintiff has brought forth this appeal.

4. The followi









































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