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2024 Supreme(Online)(MAD) 303

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.ILANGOVAN
M.Vasudevan – Appellant
Versus
Vanjimuthu – Respondent


Advocates:
Mr.L.Rajah, Mr.Rohini Ravikumar, Mr.V.Janakiramulu

JUDGEMENT

This Civil Miscellaneous Appeal is filed seeking an order to set aside the fair and decretal order, dated 30/04/2024 passed by the Principal District Judge, Dindigul, in IA No.6 of 2024 in OS No.276 of 2019. 2.The facts in brief:-

    Suit in OS No.276 of 2019 was filed by the respondent herein as plaintiff seeking the relief of declaration that the suit property absolutely belongs to him by virtue of sale deed dated 18/03/2003, permanent injunction and costs. Pending further process, IA No.6 of 2004 was taken out by the plaintiff under Order 39 Rule 1 and 2 CPC seeking temporary injunction with the following averments mostly repeating the averments made in the plaint. So, it is not necessary for the present discussion to extract the averments in detail.

3.Only relevant facts are stated herein. The suit property called as 'Senthil Residency' belongs to the defendants 1 to 4. The plaintiff became a lessee in 2000. In 2003, there was sale deed dated 11/08/2003 between the plaintiff and the defendants 1 and 2 for sale consideration of Rs.1,15,00,000/-. The plaintiff undertook to settle the encumbrance to the tune of Rs. 45,40,323/- to the defendants 1 to 4 and 69 creditors.

After de

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