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2004 Supreme(Mad) 951

M.THANIKACHALAM
Suguna Poultry Farm Limited & Others – Appellant
Versus
Arul Mariamman Textiles Limited & Others – Respondent


Advocates Appeared:For The Petitioners:A.L. Somayaji Senior Counsel for N. Mani, Advocate. For The Respondents:G.R. Swaminathan, Advocate.

Judgment :-

Both the revisions petitions are filed under Article 227 of the Constitution of India, after obtaining the leave of this Court by the revision petitioners, since they are not parties to the suit in O.S.No.264 of 2003 on the file of the Subordinate Judge, Pollachi.

2. This order shall dispose of the above two C.R.Ps.

3. The first respondent in both the C.R.Ps. had filed a suit before the Subordinate Judge, Pollachi in O.S.No.264/2003, against respondents 2 to 4 in this revision, (who are given up later), impleading them as defendants, for injunction restraining them in any way issuing 'No Objection' certificate, to any Wind Farm Developers or their agents concerning the property of the plaintiff situated at Rameswaram. Along with the said suit, he had filed I.A.No.1042/2003 for ad interim injunction also.

4. The learned Subordinate Judge, Pollachi ordered notice to the respondents on 13.8.2003, fixing the hearing date as 2.9.2003. On 2.9.2003, the notices were not returned and therefore, the case was adjourned to 15.9.2003. On that date, the Court received the postal acknowledgment from the defendants viz., respondents 2 to 4 in this revision, as if the notices were served



























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