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2005 Supreme(Mad) 981

R.BANUMATHI
Sivagurunathan – Appellant
Versus
Ramalingam & Others – Respondent


Advocates Appeared:For The Petitioner:S.Mohanakrishnan, Advocate. For The Respondents:V.Chandrasekaran, Advocate.

Judgment :-

This revision is preferred against the order of District Munsif Mannargudi, made in I.A.No.78/2003 in O.S. No.109/2002, dismissing the application under Or.26 R.9 CPC, filed to appoint Advocate Commissioner.

2. O.S.No.109/2002 :-

Suit property refers to 22 cents in S.No.151/16A Ullikottai Village. Case of the Plaintiff is that suit property belongs to him ancestrally. The Plaintiff, and previously, his father have put up hay stake and manure pit. The Defendants are having the property adjacent to the suit property. In their property, there was a house which was in dilapidated condition. The Defendants have been asking the Plaintiff to sell the suit property, which the Plaintiff has refused. The Defendants have been trying to measure the property with Surveyor including the suit property, which was prevented by the Plaintiff. Protesting the same, Plaintiff had also lodged a police complaint. Since the Defendants are continuously causing interference to the Plaintiff's possession and enjoyment of the suit property, the Plaintiff has filed the suit for Permanent Injunction.

3. The first Defendant has filed the Written Statement contending that the Plaintiff is entitled to onl


















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