In a pending first appeal against dismissal of a specific performance suit, the plaintiff sought interim restraint on alienation of the suit property. The court granted interim injunction against creating encumbrances until disposal of the appeal and directed records to be called for.
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CMP.No.3233 of 2024 in A.S.No.94 of 2024
SATHI KUMAR SUKUMARA KURUP,J.
The learned Counsel for the Appellant submitted that the Plaintiff in O.S.No.79 of 2022 on the file of the learned III Additional District Judge, Cuddalore at Virudhachalam is the Appellant before this Court.
was filed by the Appellant in the Appeal as Plaintiff seeking relief of specific performance of contract for the sale of property based on the sale agreement deed dated 07.07.2012. The Respondent herein as Defendant disputing the claim of the Plaintiff stating that the sale agreement was not executed with an intention to sell the property but was obtained by the Plaintiff in force and coercion for the loan amount already availed by the Defendant. Issues were framed. Trial proceeded. On the basis of the evidence adduced by both parties and on appreciation of evidence, the learned III Additional District Judge, Cuddalore at Virudhachalam by Judgment dated 31.08.2023 granted the decree for return of advance amount along with interest and also the alternate relief of create charge on the property for sale. Aggrieved by the same, the Plaintiff had
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preferred this Appeal seeking specific performance of contract for sale of the property.
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this Court, from the learned III Additional District Judge, Cuddalore at Virudhachalam.
Post this case in regular course.
18.11.2024
dh
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SATHI KUMAR SUKUMARA KURUP,J.
dh
CMP.No.3233 of 2024 in A.S.No.94 of 2024
18.11.2024
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1 issue framed by the court
Whether the appellant-plaintiff is entitled to interim injunction restraining the respondent from creating encumbrances on the property during pendency of the first appeal.
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
