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2008 Supreme(Mad) 3146

M.JEYAPAUL
K. Rajasekaran & Others – Appellant
Versus
Selvi K. Sakunthala & Others – Respondent


Advocates Appeared:
For the Applicants:V. Selvaraj, M/s. Devadasan & Sagar, Advocates.
For the Respondents:R1 to R4, V. Subramanian, Advocate, R5 to R10, N.R. Chandran, Sr. Counsel.

Judgment :-

1. Original Application No.548 of 2008 is filed seeking an order of interim injunction restraining the respondents from creating any encumbrance over the Plaint A and B schedule properties pending disposal of the suit.

2. Application No.3633 of 2008 is filed by defendants 1 to 4 and Application No.3837 of 2008 is filed by defendants 5 to 10 seeking to vacate the ex parte order of interim injunction granted to the applicant/plaintiff on 30.4.2008.

3. The applicant/plaintiff has contended that on 2. 2008, an agreement of sale was entered between the applicant and the respondents at the office of the sixth respondent in Chennai for a sale consideration of Rs.87,04,000/-. The applicant also paid a sum of Rs.20,00,000/- as advance at the time of execution of the agreement. The respondent also agreed to execute a separate sale deed in respect of the property described in B schedule which exclusively belongs to the fourth respondent. Two draft sale deeds were prepared. One for 2 acre and 14 cents described in A schedule to be executed by respondents 1 to 10 and another for 14 cents of land described in B schedule to be executed by respondents 4 to 6, for approval. Though the



































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