Mr. Vellapandian Thangapandian Talewar v. Mrs. Malliga Kumar And Others

Digitally signed by ANANT KRISHNA NAIK Date:

2024.11.29 12:12:35 +0530 ANANT KRISHNA NAIK 76.AO.828.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 828 OF 2024 WITH INTERIM APPLICATION NO. 14974 OF 2024 Mr. Vellapandian Thangapandian Talewar ...Appellant

Versus

Mrs. Malliga Kumar And Others

...Respondents

**** Mr. Amit G. Dubey i/b Mr. Ashok M Saraogi for the Appellant **** CORAM :

M. M. SATHAYE, J.

DATED :

28th NOVEMBER 2024 P.C.:

1.

Heard learned Counsel for the Appellant. By the impugned order, a Motion filed by the Appellant / Original Plaintiff is rejected. 2.

By the said Motion, Plaintiff was seeking injunction restraining the Defendants from acting contrary to the documents executed between the Plaintiff and Defendant No. 1 viz. agreement for sell, affidavit and indemnity bond all dated 12/03/2014.

3.

Learned Trial Judge, while dismissing the Motion, has held that documents are notarized documents and the suit is filed for declaration that those documents are valid and subsisting, however, no prayer for specific performance is made. Apparently, the suit is filed in 2022. In these circumstances, the motion is dismissed.

4.

When this Court was not inclined to interfere in the order, learned akn 1/2

76.AO.828.2024.doc Counsel for the Appellant sought time to take instructions whether the Appellant wants to press the Appeal from Order. 5.

Stand over to 09/12/2024, for directions.

(M. M. SATHAYE, J.) akn 2/2