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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.GOVINDARAJAN THILAKAVADI, J
Anoob J.singh – Appellant
Versus
The Authorized Officer – Respondent
| Table of Content |
|---|
| 1. conclusion and dismissal of the petition. (Para 1 , 18) |
| 2. declaration of agreement as illegal and void. (Para 2) |
| 3. trial court's rejection of plaint based on jurisdiction. (Para 3 , 9) |
| 4. arguments on jurisdiction of civil court. (Para 4 , 5 , 6 , 7) |
| 5. supreme court's interpretation of sarfaesi act. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
ORDER :
The present Civil Revision Petition assails the fair and decreetal order, dated 10.09.2024 passed in O.S(SR)No.2499 of 2024 on the file of the Principal District Court, Kanyakumari at Nagercoil and consequently, for a direction to the learned Principal District Judge, Kanyakumari to number the O.S(SR)No.2499 of 2024 and dispose the same on merits.
2. The facts, in brief, giving rise to the present appeal are as under:
The above suit has been filed seeking declaration that the agreement relating to deposit of title deed, dated 29.04.2022 (document No.2080/2022 of Kollencode Sub Registry) as illegal and void, besides for a decree for mandatory injunction directing the defendants to return the documents mentioned in 'B' schedule to the plaintiffs and for permanent injunction restraining the defendants sale of 'A' schedule proper
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