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2019 Supreme(Mad) 2375

PUSHPA SATHYANARAYANA
J. Sekar – Appellant
Versus
Indian Overseas Bank, Assets Recovery Management Branch, Rep. by its Authorised Officer – Respondent


Advocates Appeared:
For the Plaintiff :K.V. Babu, Advocate
For the Defendants :F.B. Benjamin George, R. Balachandran, R. Thiagarajan, S. Rajendrakumar, Advocates

JUDGMENT :

(Prayer: Civil Suit filed under Order IV, Rule 1 of Original Side Rules read with Order VII, Rule 1 of the Code of Civil Procedure praying for a decree and judgment:

    (a) for declaration, declaring that the Sale Deed dated 27.04.2005, registered as Document No.1121 of 2005 in Book I in the office of the Sub Registrar, Mylapore, executed by the second defendant and others in favour of the third defendant herein, in so far as it relates to the suit schedule mentioned property, as sham and nominal ;

(b) for a declaration, declaring that the Power of Attorney dated 18.02.2008, registered as Document No.325 of 2008 in Book IV in the office of the District Registrar, South Chennai, executed by the third defendant in favour of the fourth defendant as null and void in so far as it relates to the suit schedule mentioned property ;

(c) for a consequential declaration, declaring that the Sale Deed dated 20.02.2008, registered as Document No.379 of 2008 in Book I in the office of the Sub Registrar, Mylapore, executed by the fourth defendant in his capacity as Power Agent of the third defendant in favour of the fifth and sixth defendants as null and void, sham and nominal and not binding

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