O.A.No.430 of 2021

in

C.S.No.233 of 2021

ABDUL QUDDHOSE,J.

The suit has been filed for recovery of money. The case of the

applicant/plaintiff is that they have been cheated by the defendants 1 to 3,

who had executed a Sale Deed in favour of the plaintiff, which has been

subsequently declared to be null and void by a competent civil Court. Since

the Sale Deed has been declared null and void, the plaintiff has filed the suit

for recovery of money for the alleged loss suffered by them on account of

illegal and fraudulent Act of the respondents 1 to 3/defendants 1 to 3. The

plaintiff has filed the suit for recovery of sum of Rs.4,35,01,042/- together

with interest and costs against the defendants jointly and severally.

2. O.A.No.430 of 2021 has been filed by the applicant/plaintiff

seeking for an interim injunction restraining the respondents 3 and

4/defendants 3 and 4 from registering a Sale Deed in favour of the

respondent-5, who is the Agreement Holder. The property, which is the

subject matter of O.A.No.430 of 2021, is a different property owned by the

respondents 3 and 4 than the property, which was earlier illegally and

fraudulently sold to the applicant/plaintiff, which was declared to be null and

void by a competent Civil Court. This Court, by its earlier order dated

https://www.mhc.tn.gov.in/judis

28.07.2021, granted an order of injunction in favour of the applicant/plaintff

as prayed for in O.A.No.430 of 2021 and the said order of interim injunction

has been extended periodically by this Court and the same was also extended

until further orders on 18.08.2021.

3. Mr.Rajmakesh, learned counsel for the second respondent/second

defendant has also not raised any serious objection for allowing this

application, as the property of the second respondent/second defendant is not

involved in O.A.No.430 of 2021. No counter affidavits have been filed by

any of the respondents till date stating their objections.

4. For the foregoing reasons, this Court is making the order of interim

injunction granted by this Court on 28.07.2021 in O.A.No.430 of 2021

absolute. Accordingly, O.A.No.430 of 2021 is allowed as prayed for.

5. All the defendants have been duly served, as seen from the cause

list and the second defendant is also represented by Mr.Rajmahesh, learned

counsel. Learned counsel for the second defendant seeks time to file the

written statement. The remaining defendants are set ex-parte by this Court.

Post the matter for filing of the written statement by the second defendant on

04.01.2022.

https://www.mhc.tn.gov.in/judis

6. The learned counsel for the applicant/plaintiff is permitted to inform

the concerned Sub Registrar to record the injunction order granted by this

Court on 28.07.2021 in O.A.No.430 of 2021, which was made absolute today

and the same shall also be recorded in the records of the Sub Registrar.

06.12.2021

srn

https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE,J.

Srn

O.A.No.430 of 2021

in

C.S.No.233 of 2021

06.12.2021

https://www.mhc.tn.gov.in/judis