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2025 Supreme(Online)(Mad) 56850

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
S. Manoharan – Appellant
Versus
Green Leaf Partnership Firm Rep. by its Managing partner Mahendran – Respondent


Advocates:
For the Appellants/Petitioners: Mr.P.L.Narayanan Senior Counsel, Mr.R.Vigneshkumar
For the Respondents: M/s.K.M.Mrithun Jayan

ORDER

This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order dated 17.07.2023 in IA No.3 of 2023 in OS No.30 of 2023 on the file of the Additional District Judge Kancheepuram District at Chengalpattu.

2. The learned counsel for the appellant submits that without proper appreciation of both facts and law, the court below erroneously granted injunction in favour of the respondent/plaintiff, who approached the Court for the relief of specific performance representing himself as Green Leaf Partnership Firm, represented by its managing partner Mahendran. Further, submits that even in the agreement relied by the respondent/plaintiff it was represented as if Mahindran is a proprietor of the said firm not represented as partnership firm as alleged in the plaint but the Trial Court failed to take note of the said fact and granted relief in favour of the partnership firm as such is totally erroneous. Further, he would also argued that by relying the unregistered sale agreement the respondent/plaintiff come forward with the present suit for the relief of specific performance and also claiming possession over the suit property without producing any materials wi

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