SARATHI ESTATES PVT LTD Vs. S L DOSAJ

JUDGEMENT

(1.) IA No.12064/2006 (under Section 80(2) CPC)

(2.) The instant application has been filed by the plaintiff seeking interim injunction during pendency of this suit restraining the defendants from creating any third party right and interest in the suit property.

(3.) The case of the defendants no.1 to 9 is that one Mr. S.S. Somal, husband of defendant no.11 showed to them an agreement purporting to be executed by defendants no.10 to 13 in favour of the plaintiff for sale of their undivided share in the suit property for total sale consideration of Rs.6.5 crore, whereas in fact the agreement between them and the plaintiff was for a consideration of Rs.10.50 crore. Thus, the defendants no.1 to 9 alleged that a fraud has been played with them by Mr. S.S. Somal in connivance with the plaintiff and the defendants no.10 to 13. However, the execution of the agreements to sell as also receipt of the part sale consideration has not been disputed by defendants no.1 to 9.