Sanjay Kishan Kaul, J. - (1.) ADMIT . Learned counsel for respondents accept notice.
(2.) AT request of the learned counsel for the parties, these appeals are taken up for final disposal. A suit came to be filed on the original side of this Court by the appellant before us, being the Aravalli Flat Owners Association, against the fourth respondent as Builder and the first respondent as Attorney Holder of the second and third respondents, who are owners of the property, on account of they having booked flats and yet the respondents seeking to cancel the transaction, affecting their rights in the flats. The appellant - Association claimed their undivided share in the land, where the flats were constructed by the fourth respondent. It appears that the fourth respondent had undergone some trouble and as a sequitur to that, the first respondent, as attorney, sought to cancel the original agreement dated 18.12.2000. It is also the case of the appellant in the suit that they, in fact, had to recover a sum of Rs.2,21,18,319/ - on account of the transaction in question and the development thereafter inter se the parties.
(3.) LEARNED Single Judge passed an injunctive order on the interlocutory application on 27.07.2007 calling upon the first three respondents herein to deposit that amount and the fourth respondent before us to execute necessary loan documents, including promissory note and assignment deed. Certain other terms were also laid out. This order forms subject matter of the appeal in O.S.A. No. 296 of 2007. In those proceedings, the main suit itself came to be disposed of in the following terms: 1. The first defendant shall execute necessary loan documents and the same shall include a demand promissory note and an assignment of whatever rights they have over the property in Perambur and Mogappair West, as described in Schedule I mentioned below, in favour of the second defendant subject to the charge that ICICI and SBI Indore have over the said properties within a period of four weeks from today. 2. On execution of the above documents, the second defendant shall arrange finance to pay the members of the plaintiff association individually as per Schedule II mentioned below totalling to a sum of Rs.2,21,18,319/ -. Defendant Nos. 3 and 4 shall not alienate the suit property till the individual members are paid off. The members of the plaintiff on realization of the above sum as per the Annexure II would have no right, title or interest in the suit schedule property; 3. The members of the plaintiff association on receipt of the payment shall immediately withdraw the pending complaints/petitions against defendants No. 2, 3 and 4 before the State Consumer Disputes Redressal Commission at Madras and reserve their right to claim interest and costs only against the first defendant. 4. The amount stated in clause (2) above has to be paid to the individual members of the plaintiff association within a period of two months from today. If the amount is not paid within the time granted, it will carry interest at 9 percent per annum.;