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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. VIJAYAKUMAR
R. Thirugnanasambandamoorthy – Appellant
Versus
N.Durai – Respondent
| Table of Content |
|---|
| 1. disputed ownership and prior transactions of property. (Para 2 , 3 , 4 , 5) |
| 2. arguments on validity of documents during lien. (Para 7 , 8 , 10 , 11) |
| 3. discussion on voidable nature of sales under attachment. (Para 19 , 21 , 22) |
| 4. final dismissal based on validated claims. (Para 30) |
JUDGMENT :
1. One Thirugnanasambanda Moorthy who is the plaintiff in a suit for declaration and permanent injunction and a third defendant in another suit for permanent injunction is the appellant herein.
(A)Factual Matrix:
2.The suit schedule property in both the suits are one and the same and it was initially owned by one A.Krishnamurthy. The said A.Krishnamurthy had borrowed loan from M/s.Ajantha Trading Corporation. The said corporation had filed O.S.No.467 of 1972 for recovery of the loan amount. Pending suit, an order of interim attachment of the suit schedule property was passed in I.A.No.378 of 1972 on 23.06.1972. The attachment was made absolute later on 29.06.1972. While the order of interim attachment was in force, the said Krishnamurthy has executed a registered sale deed in favour of Murugan Bankers under Ex.A1 on 04.10.1972. The Murugan Bankers in turn has sold the property i
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