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2021 Supreme(Mad) 1959

G.JAYACHANDRAN
Eternity Developers Private Limited – Appellant
Versus
V. V. Venkatesh – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : A. Gunaseelan.
For the Defendants : M. Sridhar, Satish Prarasaran, Rahul Balaji.

JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Civil Suit has been filed under Order 7, Rule 1 of C.P.C. read with Order IV, Rule 1 of the Original Side Rules and Section 2(1)(c) (xi) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act No. 4 of 2015), praying to:

(a) Pass a Judgment and Decree against the defendants jointly and severally to specifically perform their part of the agreement under the Joint Development Agreement dated 10.08.2009, the Supplemental Agreement dated 12.12.2012 to the Joint Development Agreement dated 10.08.2009 and the Supplementary Cum Space Sharing Agreement dated 12.12.2012 to the Joint Development Agreement dated 10.08.2009 in favour of the plaintiff in respect of the suit “B” and “D” schedule property.

(b) Pass a Judgment and Decree of Permanent Injunction restraining the defendants from in anywise alienating or otherwise dealing with the suit schedule A property or acting in a manner detrimental to the rights and interests of the plaintiff in applying for Planning Permission and Approval to construct vide PPA MSB/2013/00034 dated 01.04.2013 from the CMDA and against the terms of the Joint Development Ag

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