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1994 Supreme(Mad) 1024

S.S.SUBRAMANI, SRINIVASAN
U. Venkateswara Rao – Appellant
Versus
Dr. U. Rama Rao – Respondent


Advocates Appeared:
For the Appellant:R. Thiagarajan, Advocate.
For the Respondent:Aiyar & Dolia, Advocate.

Judgment :-

1. These two appeals are filed by the defendants-1 and 2 in the suit C.S. No. 1687 of 1993 against the orders passed in O.A. No. 1018 of 1993 and O.A. No. 1018 of 1993 and O.A. No. 1017 of 1993 respectively. While O.A. No. 1017/93 is for an injunction restraining the appellants herein from alienating/selling the scheduled mentioned property to the 3rd defendant or to any other person, pending disposal of the suit O.A. No. 1018 of 1993 is for an injunction restraining the appellants and the 3rd defendant from putting up any construction in the schedule mentioned property till the disposal of the suit.

2. The facts which are necessary for the purpose of these two appeals are shortly as follows:

The plaintiff and defendants 1 and 2 are brothers. There was a partition in the family among the brothers and others on 19.9.1975. One of the clauses in the partition deed provided for a right of pre-emption in favour of the plaintiff with respect to an extent of 1 ground of land abutting the main road viz. Ritheredon Road in the event of the defendants 1 and 2 deciding to sell the said property. The plaintiff issued a notice in August, 1992 to the defendants stating that they were










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