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2005 Supreme(Mad) 960

R.BANUMATHI
Chandrasekaran & Others – Appellant
Versus
V. Doss Naidu – Respondent


Advocates Appeared:For The Petitioners:N.R.Anantha Ramakrishnan, Advocate. For The Respondent:V. Chandrakanthan, Advocate.

Judgment :-

This Civil Revision Petition is directed against the order dated 23.04.2002 passed in I.A.No.1370 of 2000 in O.S.No.224 of 1998 by the District Munsif, Ponneri, dismissing the Petition filed under Order XXVI Rule 9 C.P.C, refusing to appoint Advocate Commissioner. The Defendants are the Revision Petitioners.

2. Facts necessitated for the disposal of this Civil Revision Petition could briefly be stated thus:-

Case of the Plaintiff is that the Suit Property originally belonged to one Subba Naidu. The said Subba Naidu has conveyed the Suit Property to one Selvamani Mudaliar under a Registered Sale Deed dated 30.11.1970. Since the date of purchase, Selvamani was in possession and enjoyment of the Plaint Schedule Property. One Malla Munuswamy Naidu (Father of the Defendants 1,2,4 and 5) and Ramakrishna Naidu and Lingenti Rengappa Naidu have filed the Suit in O.S.No.6 of 1972 on the file of District Munsif Court, Tiruvallur against the said Selvamani Mudaliar and his Vendor for the relief of Permanent Injunction. The Suit was dismissed on 05.02.1973. The Appeal in A.S.No.164 of 1977 preferred by Malla Munuswamy Naidu and others before Subordinate Court, Chinglepet was also dis





























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