Interim injunction made absolute in an unspecified O.A./CS regarding alleged alienation of mortgaged property by a respondent without the mortgagor's knowledge.
Interim Injunction dated 14.09.2021 made absolute; O.A. allowed as prayed for.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.A. No.429 of 2021
in CS No.95 of 2020
O.A. No.429 of 2021 in CS No.95 of 2020
ABDUL QUDDHOSE, J.
The names of the respondents have been printed in the cause list today. Pursuant to the directions given by this Court on 18.08.2021, the plaintiffs effected substituted service through Paper publication for service of notice on R1 and R2.
and the balance of convenience has been made out by the applicants / plaintiffs granted an order of interim injunction restraining the respondents from alienating encumbering the suit schedule property in O.A. No.429 of 2021. As seen from the plaint averments, the respondents have created equitable mortgage by depositing all the title deeds with the plaintiff on 18.03.2011. The letter under which the original title deeds were deposited by the first respondent in favour of the plaintiffs is filed as Document No.33 along with the plaint. All the original title deeds pertaining to the mortgage in favour of the plaintiffs have also been filed as suit documents along with the plaint. Despite effecting Paper Publication for service of notice on
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O.A. No.429 of 2021
in CS No.95 of 2020
respondents / defendants and their names having been printed in the cause list today, there is no representation on the side of the respondents.
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O.A. No.429 of 2021 in CS No.95 of 2020
The respondents have not appeared till date. Interim Injunction dated 14.09.2021 is made absolute and O.A. No.429 of 2021 is allowed as prayed for.
06.12.2021 for completion of service in the suit.
08.11.2021 (½)
vsi2/ab
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O.A. No.429 of 2021
in CS No.95 of 2020
ABDUL QUDDHOSE, J.
ab
O.A. No.429 of 2021
in CS No.95 of 2020
08.11.2021
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Plaintiffs/Applicants
Respondents/Defendants
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
