NAMBIAR BUILDERS PVT. LTD. Vs. SUHAS AND ORS.

JUDGEMENT

(1.) This petition is filed by the petitioner -purchaser challenging the order passed by the Trial Court on the interim applications i.e., I.A. Nos. 1 and 2.

(2.) The plaintiff, who is respondent No. 1 herein, filed the suit before the Trial Court seeking partition and separate possession of his legitimate share in the suit schedule property, declare the alienation of the schedule property by defendant No. 1 in favour of defendant No. 2, under the gift deed, as it is not binding on the plaintiff, so also declare the alienation of the schedule property by defendant Nos. 1 and 2 in favour of defendant No. 3 under the sale deed dated 04.03.2010 is not binding on him, declare the mortgage of the schedule property by defendant No. 3 in favour of defendant No. 4, under the deposit of title deeds dated 28.09.2011, is not binding on him, also sought for permanent injunction to restrain the defendants from alienating the schedule property and altering the nature of the schedule property.

(3.) Heard the arguments of the learned senior counsel appearing for the petitioner -defendant No. 3 and the learned senior counsel appearing for respondent No. 1 -plaintiff.