D. KRISHNAKUMAR, P. DHANABAL
A. Pradeep – Appellant
Versus
Tmt. Binu Christeena – Respondent
JUDGMENT :
(D. Krishnakumar, J.)
(Prayer : Original Side Appeal filed under Section 13 of the Commercial Courts Act, 2015 against the order dated 20.04.2021 made in Application No.885 of 2021 in C.S.No.81 of 2021.)
This Intra Court appeal is filed, challenging the order dated 20.04.2021 made in A.No.885 of 2021 in C.S.No.81 of 2021.
2. The facts leading to the filing of this appeal, briefly narrated, are as under:
2.1. The first respondent/plaintiff has filed a Suit in C.S.(Commercial Division) No.81 of 2021 under Order IV Rule 1 CPC for judgement and decree against the appellant and the respondents 2 to 8 herein/defendants for recovery of a sum of Rs.2,39,18,494/- with interest at the rate of 18% per annum on the Suit amount of Rs.1,31,00,000/- from the date of the Plaint till the date of realisation.
2.2. The respondents 2 to 8/defendants are the absolute owners of the property bearing Plot Nos.8, 9 & 10, situated at Second Cross Street, Sea View Avenue, Sri Kabaleeswarar Nagar, Neelankarai, Chennai-115, comprised in S.No.92/2A, as per Patta No.2496, bearing S.No.92/238-A admeasuring 14,645 Sq.Ft. and with a view to sell the aforesaid property, they have executed a General Power of
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