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2022 Supreme(Mad) 2189

M. DURAISWAMY, SUNDER MOHAN
Reliance Home Finance Limited. , Chennai – Appellant
Versus
S. K. A. Abdul Kader – Respondent


Advocates appeared:
For the Petitioner:N. Vasantha Kumar, Advocate. For the Respondents:R2, Srividhya, Advocate, R12, Vadivel Deenadayalan, Addl. Govt. Pleader.

JUDGMENT

(Prayer: Civil Miscellaneous Petition filed under section 17 and Article 123 of the Limitation Act to condone the delay of 4329 days in filing the Original Side Appeal against the order dated 18.03.2008 made in O.A.No.308 of 2008 in C.S. No.280 of 2008.

Original Side Appeal filed under Clause 15 of Letters Patent and Order 36 Rule 9 of Original Side Rules to set aside the order passed in O.A.No.308 of 2008, dated 18.03.2008.)

M. DURAISWAMY,

1. There is a delay of 4329 days in filing the Original Side Appeal challenging the order passed in O.A.No.308 of 2008, dated 18.03.2008.

2. 1 The plaintiffs filed the suit in C.S.No..280 of 2008 for specific performance and for other reliefs. In the said suit, the plaintiffs took out an application in O.A.No.308 of 2008 seeking for an order of interim injunction restraining the defendants from alienating or encumbering or altering or in any way dealing with the suit property.

3. The learned Single Judge, by order dated 18.03.2008, directed the defendants not to create any fresh alienation. In spite of the said order of interim injunction granted by the learned Single Judge, the appellant, viz., Reliance Home Finance Limited, advanced

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