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2011 Supreme(Mad) 1388

R.BANUMATHI, M.M.SUNDRESH
V. Sekar – Appellant
Versus
Akash Housing, a Partnership firm, represented by its Partner Sureshkumar, Chennai – Respondent


Advocates Appeared:
For the Appellants:K.M. Vijayan, Sr. Counsel for M/s.K.M. Vijayan Associates, Advocates. For the Respondent:V.C. Janarthanan, Advocate.

Judgment :-

R. BANUMATHI.,J.

1. These two appeals arise out of the order dated 3.12.2010 made in O.A.Nos.40 and 41 of 2010 on the file of this Court, whereby the learned single Judge has allowed application - O.A.No.40 of 2010 filed under Section 9 of Arbitration and Conciliation Act, 1996 and also the other application - O.A.No.41 of 2010 granting interim injunction restraining the appellants from in any manner alienating, encumbering or otherwise dealing with the schedule properties situated at Kondappanaickenpatti village, Salem Taluk.

2. The brief facts are that the appellants are the owners of the lands measuring 4.62 acres (S.Nos.175/3B, 177/1, 178, 180/2A); 12.44 acres (S.Nos.177/3, 179, 180/8) and 1.26 acres of land (S.Nos.177/2, 180/7) situated in Kondappanaickenpatti village, Salem Taluk. The appellants and respondent - Akash Housing represented by its Partner Suresh Kumar entered into a joint development agreement dated 17.5.2006 under which the respondent undertook development activities such as levelling/filling/clearing/cutting of trees and erection of compound wall in the lands measuring 18.32 acres. The Managing Director of M/s.Vijay Shanthi Builders represented by its











































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