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2017 Supreme(Mad) 2641

RAJIV SHAKDHER, ABDUL QUDDHOSE
K. I. Sudhir Mathulla – Appellant
Versus
D. Rajkumar alias Raju – Respondent


Advocates Appeared:
For the Appellant : Mr. M.S. Krishnan, S.C., M/s. Sarvabhauman Associates
For the Respondents: Ms. B. Meena, Official Assignee, Mr. M. Vasantha Kumar, Deputy Official Assignee

JUDGMENT :

RAJIV SHAKDHER, J.

1. These appeals have been preferred against four (4) separate orders, of even date, i.e., 14.11.2011, passed by the learned Single Judge in Application No.55 of 2010, Application No.88 of 2010, Application No.89 of 2010 and Application No.90 of 2010.

1.1. The appellant, claims to be a third party, bona fide purchaser of an immovable property, situate at Plot No.66, Pillayar Koil Street, Golden George Nagar, Nerkundram, Chennai - 600 107 (hereinafter referred to as ‘subject property’).

1.2. Respondent No.1, Mr. D. Rajkumar, had held title, in the subject property, prior to his declaration, as an insolvent. It is this declaration of respondent No.1, as an insolvent, which, affects the interest of the appellant. The appellant, faced with this hurdle, chose to file the aforementioned applications. It is, therefore, the dismissal of the appellant’s applications, by the learned Single Judge, which has propelled him to file the captioned appeals.

1.3. It is, important to note, that, the learned Single Judge dismissed Application No.55 of 2010, on the ground that the appellant had no locus standi to challenge the order dated 06.06.2006, whereby, respondent No.1, w





















































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