M. CHOUDHRY AND ANOTHER Vs. C.P. NATARAJAN

JUDGEMENT

(1.) The plaintiffs in O.S. No. 8269 of 1993 on the file of the VII Assistant City Civil Judge, Madras have preferred this civil revision petition against the order dated 27-3-1995 passed in C.M.P. No. 254 of 1995 in C.M.A. No. 10 of 1994 on the file of the VII Additional City Civil Judge, Madras, filed by the respondent defendant praying for injunction against alienation of the suit property pending disposal of the said C.M.A. filed by him (defendant). The prayer in the suit is for a declaration that the power of attorney executed by the plaintiffs in favour of the defendant, is not valid and that the agreement of sale dated 21-9-1988 executed by the plaintiffs in favour of the defendant is also bad. In the said suit, the plaintiffs sought for an injunction in I. A. No. 17856 of 1993 to restrain the defendant from using the abovesaid power of attorney, which is dated 15-9-1988, pending suit. The said application was allowed in favour of the plaintiffs and aggrieved by it, the defendant preferred the abovesaid C.M.A. No. 10 of 1994 and also filed the abovesaid C.M.P. No. 254 of 1995. Both the abovesaid C.M.A. and C.M.P. were taken up together and heard and a common order has been passed on 27-5- 1995. The final paragraph of the said order runs as follows:- (vernacular matter is omitted-Ed.) (Emphasis supplied)

(2.) Thus, it is found that while the abovesaid C.M.A. has been dismissed, in the above C.M.P. No. 254 of 1995, an injunction has been granted restraining the plaintiffs (respondents in the C.M.A.) from alienating the suit property pending disposal of the suit.

(3.) But, the relevant prayer portion in the said C.M.P. runs as follows:-