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2011 Supreme(Mad) 3650

R.SUBBIAH
State Bank Of India – Appellant
Versus
Minor Krithaanyaa – Respondent


Advocates Appeared:
M.L.Ganesh, S.Parthasarathy, S.T.S.Murthy

JUDGMENT

( 1. ) BEING aggrieved by the order dated 09.08.2010, allowing I.A.No.329 of 2010 in O.S.No.541 of 2008, filed under Order 39 Rule 1 and 2 read with Section 151 C.P.C. and thereby granting temporary injunction restraining the appellant herein, from interfering with the respondent's peaceful possession and enjoyment of petition mentioned property, the appellant/8th defendant has preferred this appeal.

( 2. ) THE circumstances, which led the appellant/8th defendant to file the present appeal, are as follows:

(a) THE minor respondent herein is the plaintiff and she filed the suit through her mother, against the defendants numbering 8 for partition and separate possession of her 1/4th share in Item I, 1/12th share in item II and 1/8th share in item III schedule properties and for a permanent injunction to restrain the 8th defendant bank (the appellant herein) from in any way dealing with the minor's share in the above properties. THE 1st defendant is her father.

(b) THE bank has also filed an objection under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter for brevity's sake referred to as 'SARFAE






















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