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2012 Supreme(Mad) 2974

R.S.RAMANATHAN
R. Venkatesh – Appellant
Versus
Kalliammal – Respondent


Advocates Appeared:
For the Appellant:S. Parthasarathy, Senior counsel for N. Damodaran, Advocate.
For the Respondents: M.S. Krishnan, Senior counsel.

JUDGMENT

1. The unsuccessful first defendant is the appellant. The predecessors in title of the respondents 1 to 6 herein namely, Kalliammal and Balasubramaniam filed the suit O.S.No.413 of 2004 on the file of the Subordinate Judge, Coimbatore, for declaration that the sale conducted by the Official Receiver in respect of the suit property in IP No.7 of 87 is null and void and not binding on the plaintiffs and for permanent injunction.

2. The case of the plaintiffs was that the suit property having a total extent of 849 sq.ft of land and building, belonged to a partnership firm known as 'Parameshwari Hall' represented by its partners O.Jayaraman, J.Venkatraman and J.Kumarvavelu. The said partnership firm sold the northern side block of the suit property to one P.Balaji under Ex.A3, dated 12.09.1986 and southern side block consisting of 363 sq.ft to one P.Gopal under Ex.A5 on the same date. By reason of the sales in favour of Gopal and Balaji, certain acts of insolvency alleged to have been committed by the partnership firm, the creditors of the partnership firm filed I.P.No.7 of 1987 to adjudge the partnership firm and its partners as 'insolvent'. In that petition, Gopal and Balaj











































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