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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Unknown, J
P.TAMILSELVI – Appellant
Versus
ORIENTAL BANK OF COMMERCE – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties regarding the injunction. (Para 5 , 6 , 7) |
| 3. court's analysis of the legal principles surrounding fraud and jurisdiction. (Para 11 , 12 , 13 , 15 , 16 , 17) |
| 4. court's directive for timely resolution of the appeal. (Para 18) |
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant/petitioner/plaintiff challenging the order passed in I.A.No.1 of 2021 in A.S.No.15 of 2021 on the file of the learned Principal Subordinate Judge, Erode, wherein, the Appellate Court has dismissed the injunction petition filed under Order 39 Rule 1 and 2 of CPC , vide order dated 11.08.2021.
2. The brief facts leading to the filing of this appeal are as follows:
(i) The appellant has instituted a suit in O.S.No.595 of 2015 against nine defendants including the contesting respondent, Oriental Bank of Commerce, Erode. The case of the plaintiff is that the suit property, which is situated at Erode, originally belonged to her paternal grandfather, namely, Appavvo Mudaliar, by way of sale deed dated 15.11.1972. Appavvo Mudaliar died on 26.04.1987 leaving behind the co-sharer, na
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