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2024 Supreme(Mad) 1023

J. SATHYA NARAYANA PRASAD
Pothys Rep. by Partner S. Murugesh – Appellant
Versus
S. A. Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. E.Om Prakash Senior Counsel for M/s.Ramalingam & Associates
For the Respondent: Mr. M.S.Krishnan Senior Counsel for M/s.Ananda Gomathi Murugan, Mr.M.L.Ganesh

ORDER :

The civil revision petition is filed challenging the order passed in I.A.No.505 of 2018 in O.S.No.290 of 2017 dated 07.11.2019 by the IV Additional District & Sessions Judge, Coimbatore whereby dismissed the petition filed under Order 7 Rule 11 of CIVIL PROCEDURE CODE seeking to reject the plaint filed by the plaintiff.

2. The revision petitioner is the 6th defendant and the auction purchaser of the property. The suit O.S.No.290 of 2017 was filed by the 1st respondent/plaintiff, thereafter I.A.No.505 of 2018 in O.S.No.290 of 2017 was filed by the revision petitioner/6th defendant to reject the plaint filed by the 1st respondent/plaintiff and the same was dismissed by the trial Court. Challenging the said order, the civil revision petition has been filed. I.A.No.505 of 2018 was filed to reject the plaint, since the suit is barred under SARFAESI Act. The learned Senior Counsel appearing for the petitioner submitted that there was a sale agreement on 04.03.2009 between the 1st respondent/plaintiff and the respondents 2 to 5. The total sale consideration was a sum of Rs.2,34,00,000/- (Rupees Two Crores and Thirty Four Lakhs Only) out of which Rs.1.17 crores were paid and as per

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