Back
R. VIJAYAKUMAR
V. Kavurajan – Appellant
Versus
K. N. Perumal (died) – Respondent
JUDGMENT :
PRAYER: Civil Miscellaneous Appeal filed under Order 43, Rule 1 (r) of C.P.C, against the order made in I.A.No.249 of 2016 in O.S.No.59 of 2016, dated 09.02.2018 on the file of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.
The present Civil Miscellaneous Appeal has been filed by the plaintiffs in a suit for specific performance challenging the order of dismissal of his application seeking interim injunction not to alienate the suit property pending suit.
2. The appellants herein had filed O.S.No.59 of 2016 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, for the relief of specific performance of an agreement, dated 26.01.2008 and the cash receipt, dated 07.03.2008 said to have been executed by the defendants in the suit along with the suit. The plaintiffs had filed I.A.No.249 of 2016 seeking prayer for interim injunction as against the defendants not to alienate the property pending suit. In the said application, the plaintiffs had contended that the defendants had attempted to alienate the property through real estate brokers.
3. The defendants have filed a counter contending that the re
The respondent's establishment of a prima facie case for the grant of injunction based on the existence of the agreement and the balance of convenience.
The court emphasized the importance of considering objections as mixed questions of facts and law and highlighted the need to prevent multiplicity and complicity of proceedings in the interest of jus....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
