R KRISHNAMOORTHY Vs. DHANALAKSHMI MILLS LTD

JUDGEMENT

(1.) BY consent, these appeals are taken up for final disposal.

(2.) THE appeals are preferred against the order dated 09.07.2009 made in I.A.Nos.1385 and 1399 of 2009 in O.S.No,881 of 2008 by the Additional District and Sessions Judge, Fast Track Court No.V, Tiruppur.

(3.) THE respondents/defendants filed written statement denying all the allegations and specifically stated that first defendant is not a party to the sale agreement and defendants 2 and 3 are not authorised to enter into sale agreement on behalf of the company and further contended that defendants 2 and 3 are not Directors of the company at any point of time and also there is no authorisation to execute the sale deed. Subsequent to that, the plaintiff filed I.A.No.1385 of 2009 in O.S.No,881 of 2008 praying to grant an order of temporary injunction restraining the respondents from encumbering, alienating or transferring the property morefully set out and described in the accompanying petition in any manner whatsoever till the disposal of the above suit and also grant an ad interim exparte order to the same effect till the disposal of the application. THE plaintiff also filed another I.A.No.1399 of 2009 in O.S.NO.881 of 2008 praying to grant an temporary injunction restraining the respondents, their men, servants, agents, partisans, or any other person claiming under or through them from in any way demolishing, removing the superstructure and building in suit property till the disposal of the suit and also to grant an ad interim exparte order to the same effect till the disposal of the suit. THE defendants also filed counter to the said I.As denying the allegations and contended that it is not a fit case for granting interim injunction and prayed to dismiss the same.