V K SUKUMARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the order under Section, 69 (1) of the Transfer of Property Act and in w. P. M. P. No. 5769 of 2006, the petitioner has prayed for an interim injunction restraining respondents 2 and 3 from in any way bringing the property situated at Old D. No. 57, New No. 126, Panchaliamman Koil Street, Arumbakkam, Chennai‑600 106 to sale on 28. 2. 2006 or any other subsequent dates.

(2.) THE petitioner's mother, along with 2 others, had borrowed a sum of Rs. 14 lakhs from the 2nd respondent in the year 1997. Out of the said sum of Rs. 14 lakhs, the petitioner had paid only Rs. 1 lakh as on date. THE amount due from the petitioner is Rs. 96,32,615. 60 p. Earlier, every time, when a notice for auction was issued to him for payment of the defaulted amount on 8. 1. 2002, 16. 4. 2002, 15. 6. 2002, 7. 10. 2002, 30. 10. 2003 and finally on 28. 2. 2006, after receipt of the notices, the petitioner had filed O. S. Current tamil Nadu Cases Nos. 85/2002 (subsequently withdrawn), 164/2002, 1372/2002, 1772/2002, 2047/2002, 3110/2002 and 5193/2002 and all the suits are pending on file of the City Civil Court, Chennai.