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2009 Supreme(Mad) 3350

K.CHANDRU
Dega Jayalakshmi & Others – Appellant
Versus
Kapoor Enterprises, Rep. by its Managing Partner, R. M. Lakshman Dass & Others – Respondent


Advocates appeared:
For the Plaintiffs:P.R. Raman, Advocates. For the Defendants:A.L. Somayaji, Senior Counsel for Gupta & Ravi, K. Dharanidharan, Advocates.

Judgment :

Heard both sides.

2. In O.A.No.926 of 2003, the applicants are the plaintiffs. They sought for an order of interim injunction restraining the defendants 1 to 5 from alienating or encumbering or creating third party rights in the property described in the schedule. The property is the land and building (which is since demolished) ad measuring 21 grounds and 312 sq.ft. in R.S.No.342/2 Part at Door Nos.153, 154, 155 and 156 of Peters Road, Gopalapuram, Chennai-86.

3. The plaintiffs filed the suit for specific performance of the agreement, dated 17. 1991 executed between the defendants 1 to 5 in favour of the plaintiffs in respect of the property in the schedule and for a consequential direction to hand over the possession of the property, which was illegally taken from M/s.Alsa Constructions and Housing Limited, to the plaintiffs in terms of the agreement, dated 17. 1991. M/s.Alsa Constructions and Housing Limited had gone into liquidation. Therefore, the Official Liquidator has been made as the 6th defendant.

4. In the application for interim injunction, only notice was ordered. Therefore, defendants 1 to 5 has now come forward with an another application in A.No.1442 of



























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