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2018 Supreme(Mad) 1390

V.M.VELUMANI
K. L. R. Niranjan – Appellant
Versus
L. Leelakrishnan – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Subbiah, Mr. G. Bharadwaj
For the Respondent: Mr. S. Vijayakumar, Mrs. A.L. Gandhimathi

COMMON & ORDER :

1. The issues and parties involved in both the Civil Revision petitions are one and the same and therefore, these petitions are disposed of by this common order.

2. The petitioner in CRP No.4749 of 2013 is the third defendant, petitioner in CRP No.256 of 2014 is the first defendant, and first respondent in both the CRPs is the plaintiff in O.S.No.1222 of 2011. The first respondent originally filed the above suit in C.S.No.382 of 2005 before this Court for the following relief’s -

(a) make a declaration that the purported auction sale of the property said to have taken aplace on 30.05.2005 purporting to be under the exercise of power under Section 69 of the Transfer of Property Act is hit by fraud and hence null and void.

(b) grant a permanent injunction, restraining the defendants 1, 2 and 3 namely the mortgagee, the auctioneer and/or the auction purchaser from, in any way, executing and/or registering any sale deed in pursuance of the purported auction in favour of the 3rd defendant auction purchaser or anyone claiming under him and/or acting on his behalf.

(c) granting a decree for a redemption of the mortgaged property, more fully described in the schedule hereunder




















































































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