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This Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioner / first defendant seeking rejection of the plaint in O.S.No.25 of 2011 on the file of Fast Track Court / Mahila Court, Namakkal, filed by the first respondent herein against the petitioner and the second respondent.

2. The above said suit was filed by first respondent against the petitioner and the second respondent seeking specific performance of sale agreement dated 18.10.2010, allegedly entered into by the first respondent with the petitioner for purchase of plaint schedule property and also for consequential injunction restraining the second respondent from proceeding with auction of the suit property.

20. The first respondent also prayed for injunction restraining the second respondent from proceeding with the auction of the secured asset. The said prayer is clearly hit by second limb of Section 34 of the https://www.mhc.tn.gov.in/judis SARFAESI Act. The auction proceedings in pursuance of Section 13(2) notice is an auction, which is being taken by the second respondent in pursuance of power conferred on it under the provisions of the SARFAESI Act and the first respondent is not entitled to seek injunction against second respondent bank. However, a plaint cannot be invoked in part while exercising power under Order 7 Rule 11 of C.P.C. Therefore, merely because one of the prayers in the suit is hit by Section 34 of the SARFAESI Act, this Court is not inclined to reject the entire plaint when the first prayer for specific performance is found to be maintainable.