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2008 Supreme(Mad) 3708

S.RAJESWARAN
Manimegalai Ramu & Another – Appellant
Versus
K. Rashid Khan & Another – Respondent


Advocates Appeared:
For the Petitioners:S. Srinivasan, K. Premkumar, Advocates.
For the Respondents:A.R.L. Sundaresan, Senior Counsel, M/s. A.L. Gandhimathi, Advocate.

Judgment :

1. The defendants in O.S. No.6 of 2008 are the revision petitioners before this Court.

2. O.S. No.6 of 2008 was filed by the respondents herein/plaintiffs against the revision petitioners for a permanent injunction restraining the revision petitioners/defendants from alienating or encumbering the Suit schedule properties.

3. Along with the Suit, the respondents/plaintiffs filed two Applications, one in I.A. No.9 of 2008 under Order 2, Rule 2, C.P.C. seeking permission of the Court to reserve their right to institute a separate Suit for the specific performance of contract on the cause of action and another in I.A. No.10 of 2008 under Order 39, Rules 1 & 2 of C.P.C. seeking an order of interim injunction.

4. The Trial Court by order dated 09.01.2008 allowed I.A. No.9 of 2008 granting permission to the respondents/plaintiffs to reserve their right to institute a separate Suit for specific performance of contract on the same cause of action and aggrieved by the same, the defendants in the Suit filed the above Revision Petition under Article 227 of the Constitution of India.

5. I have heard the learned counsel for the revision petitioners and Mr. A.R.L. Sudaresan, the le




















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