S G PANDURANGAN Vs. G R KANTHA

JUDGEMENT

(1.) THIS application is filed by the second defendant to reject the plaint in C.S.No.938 of 2005.

(2.) THE respondents-plaintiffs filed the suit for declaration that the public auction held on 19.4.2002 under Section 69 of the Transfer of Property Act, said to have been conducted by the first defendant, is fraud and illegal and consequently to declare the sale deed dated 23.8.2002 as void ab-initio and not binding on the plaintiffs and also for permanent injunction restraining the defendants from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the plaint schedule mentioned property and also for permanent injunction restraining the defendantss from in any manner alienating or encumbering the plaint schedule mentioned property and for other reliefs.

(3.) THE pith and substance of the reply affidavit filed by the applicant/second defendant, are as follows:-