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2005 Supreme(Mad) 772

S.SARDAR ZACKRIA HUSSAIN
Mrs. Jabeen Taj – Appellant
Versus
M. Parveen Banu & Another – Respondent


Advocates Appeared:For The Petitioner:Siraj & Siraj, Advocate. For The Respondents:V.Raghavachari, Advocate.

Judgment :-

The second defendant in O.S.No.196 of 2004 on the file of the District Munsif Court, Krishnagiri is the revision petitioner in the earlier revision C.R.P.No.1411 of 2004 and the plaintiff in that suit is the revision petitioner in the later revision C.R.P.No.1958 of 2004.

2. Earlier revision C.R.P.No.1411 of 2004 is filed aggrieved against the dismissal order dated 10.6.2004 made in I.A.No.370 of 2004 filed under Order 26, Rule 9 read with Section 75(b) C.P.C. to appoint a Commissioner to note down the physical features of the suit properties and to submit a report with plan.

3. Later revision C.R.P.No.1958 of 2004 is filed challenging the correctness of the order dated 4.3.2004 made in I.A.No.291 of 2004 filed under Order 39, Rule 1 read with Section 151 to grant interim injunction restraining the plaintiff from putting up any construction or directing the plaintiff to maintain status quo till the disposal of the suit O.S.No.196 of 2004.

4. The plaintiff filed the suit on 7.3.2003 for declaration and permanent injunction restraining the defendants 1 and 2 from trespassing into the suit property and also permanent injunction restraining the defendants 1 and 2 from alienati













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