B K RAJESWARI Vs. MUTHIALPET BENEFIT FUND LTD

JUDGEMENT

(1.) THESE appeals are filed, questioning the correctness of the order of the learned Single Judge in vacating the interim order granted in favour of the appellants/plaintiffs in the suit filed by them, seeking to set aside the sale of the property by the 1st defendant/mortgagee invoking Section 69 of the Transfer of Property Act.

(2.) THOUGH originally the above appeals have been admitted on 30.10.2006, a Division Bench of this Court has categorically made it clear that the Bench was not inclined to grant interim order, suspending the order vacating the interim stay passed by the learned Single Judge. However, the Bench directed respondents 3 and 4 not to alienate, sell, transfer or otherwise dispose of the suit property and not to create any new tenancy or to accept the surrender of tenancy from any tenants without prior permission of the Court.

(3.) IT is submitted by the learned counsel appearing for the respondents that since the respondents have been depositing the rents into the Court, for payment of statutory dues towards the property tax, water tax etc., they may be permitted to pay the same out of the amount deposited in the Court by passing necessary directions. The said order of direction, directing the respondents to deposit the rent into the Court, was passed by the learned Single Judge. Now that entire matter is relegated to the learned Single Judge, it is well open to the respondents to make the present request before the learned Single Judge.