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2005 Supreme(Mad) 169

S.SARDAR ZACKRIA HUSSAIN
Devanbu – Appellant
Versus
Sundara Raj & Others – Respondent


Advocates Appeared:For The Petitioner:I.Paranthamen, Advocate. For The Respondents:G.Jeramiah, Advocate.

Judgment :-

The revision petitioner is the plaintiff in O.S.No.439 of 1999 on the file of the District Munsif Court, Tiruvallur. The Civil Revision Petition is filed against the order dated 30.12.2003 made in I.A.No.810 of 2003 in O.S.No.439 of 1999.

2. The plaintiff filed the above suit for declaration and for permanent injunction in respect of the suit properties, which are six items in Senji Village, Tiruvallur Taluk, claiming that though 32/45 share in item No.1 with the well therein, item No.2 and northern portion of item No.6 were allotted to the share of the first defendant, who is the brother of the plaintiff, in the partition suit in O.S.No.318 of 1963 and pursuant to the final decree in I.A.No.700 of 1964 dated 18.9.1965, the delivery of the said items were also recorded on 9.8.1966, the plaintiff continued to be in possession in respect of all the items of the suit properties. The suit was filed in the year 1999. The suit was resisted by the defendants 1 to 4 in the written statement filed on 31.8.2000.

3. The trial of the suit was commenced and the plaintiff has also been examined as P.W.1 and at the time of cross-examination, the defendants 1 to 4 have filed I.A.No.810







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