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2017 Supreme(SC) 828

ARUN MISHRA, AMITAVA ROY
Hareendran – Appellant
Versus
Sukumaran – Respondent


Advocates Appeared:
For the Petitioners: Mr. K. Parasaran, Mrs. Parthasarathy and Mr. G. Balaji.
For the Respondents: Mr. Jayanth Muthraj, Mr. M.P. Parthiban and Mr. T.R.B. Sivakumar.

ORDER :

1. Leave granted.

2. Heard Mr. K. Parasaran, learned senior counsel for the appellants and Mr. Jayanth Muthraj, learned counsel for the respondents.

3. The appellants have questioned the legality of the order passed by the Madurai Bench of High Court of Madras on 31.03.2016 in Review Application (MD) No. 150 of 2014 by which the High Court has reviewed the Order and recalled the Judgment and Order dated 04.04.2014 passed in CMA (MD) No. 333 of 2009. Judgment dated 27.11.2008 passed in A.S. No. 4 of 2008 and judgment dated 23.11.2007 passed in O.S. No. 19 of 2007 has been restored while allowing the Review Application.

4. The plaintiff has filed a suit for permanent injunction before the trial court. It was averred that suit schedule properties belonging to Mahadeva Iyer - paternal grandfather of first plaintiff. On 28.04.1951, Ganapathy had mortgaged the suit property to Periyakaruppan vide for five years and had redeemed the same within five years and thereupon was put back in possession and enjoyment of the property. After the demise of Ganapathy Iyer, the first plaintiff Madhava Shastri had been put in enjoyment of the property. The land had been acquired which was questione





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