Madras High CourtOA/605/2018disposed of

Y.K.Mohanrao, v. J.N.Jahath Ramjee

2021-07-29Honourable Dr Justice G. Jayachandran3 pages

in C.S.No.418 of 2018 DR.G.JAYACHANDRAN, J.

The suit is filed for recovery of money. The plaintiff has taken out this application for grant of interim injunction in respect of immovable property morefully described in the schedule to restrain the respondent/defendants from transferring or dealing the same.

2. Being prima facie satisfied in the statement made by the plaintiff, this Court has granted ad interim injunction on 06.07.2018. After extending the interim order from time to time, on 18.09.2018 extended the interim injunction until further orders. Thereafter, the respondents have filed a common counter in this injunction application on 10.11.2019, denying the liability as well as alleging wilful suppression of facts and misrepresentation of facts. Refuting the allegations that the respondents with an ulterior motive and fraudulent intention had created a sham company. The 3rd respondent/3rd defendant had fraudulently landing at devadhanam in favour of the 3rd respondent/3rd defendant company. The respondents specifically stated that the property was duly transferred in favour of the 3rd respondent company by the 1st and 2nd respondents for the purpose of garnering resources for the proposed project and therefore, stoutly 1/3

denied by the said contents made by fraud and it is sham.

3. Thereafter, this application has not been taken up for consideration, since the parties were focusing the other applications filed regarding condonation of delay in filing the written statement and the application to return the plaint. Today the matter was listed for framing of issues. The learned counsel appearing for the defendants sought for disposal of the injunction application.

4. The learned counsel for the applicant/plaintiff states that in view of the fact that the suit itself is ripe for trial and he is not pressing for any further orders in the injunction application. Hence, the same is recorded and the application is disposed of.

29.07.2021 rpl 1⁄2 2/3

DR.G.JAYACHANDRAN, J.

rpl in C.S.No.418 of 2018 29.07.2021 3/3