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2023 Supreme(Mad) 2042

SUNDER MOHAN
Ranjith – Appellant
Versus
B. Nallasivam – Respondent


Advocates appeared:
For the Appellant:N. Manoharan, Advocate. For the Respondent:V. Ragahavachari, Senior Counsel, for M. Guruprasad, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 (R) of the Civil Procedure Code seeking to set aside the order granting ad-interim injunction dated 22.02.2023 made in I.A.No.1 of 2022 in O.S.No.850 of 2022 on the file of the learned third Additional District and Sessions Court, Dharapuram.)

1. This Appeal has been filed challenging the order of temporary injunction passed under Order 39 Rules 1 and 2 of the Civil Procedure Code by the learned III Additional District and Sessions Judge, Dharapuram.

2. The respondent herein filed a Suit for Specific Performance against the appellants stating that they, along with others, had entered into a sale agreement with him on 29.10.2020, in respect of the Suit scheduled property; that he had paid an advance of Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) out of the agreed sale consideration of Rs.83,58,000/- (Rupees Eighty Three Lakhs Fifty-Eight Thousand Only); that the respondent could not pay the balance sale consideration and get the sale deed executed since there was a Partition Suit pending between the appellants and their co-sharers; that the respondent helped the appellants in obtaining certain documents and al

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