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2006 Supreme(Mad) 3539

S.ASHOK KUMAR
Poppat Jamal & Sons rep. By its managing Partner – Appellant
Versus
N. M. Venkatachalapathy @ Babulal & Another – Respondent


Appearing Advocates:For the Petitioner:Abudukumar Rajarathinam, Advocate. For the Respondents: ---

Judgment :-

(Civil Revision Petition is filed against the order dated 18.8.2006, made in IA.No. 4859 of 2006 in O.S.No: 2154 of 2005, passed by the learned II Assistant Judge, City Civil Court, Chennai. )

As against the dismissal of the Interlocutory Application filed by the first defendant to reject the Plaint, the present CRP has been filed.

2. Inspite of private notice, the respondents/plaintiffs have not taken steps to appear either in person or through advocates.

3. The respondents are the plaintiffs in O.S.No:2154 of 2005 on the file of the II Assistant Judge, City Civil Court, Chennai. The suit is filed for permanent injunction restraining the defendant from interfering with the possession and enjoyment of the suit property. According to the plaintiffs the alleged sale deed dated 15.2.1943 by the third parties in favour of the first defendant is not binding on the true owners as it is a sham and nominal transaction which illegal sale deed was subsequently set aside by this Court in O.A.No.553 of 1943 which was filed by the plaintiffs' predecessors in title. According to the plaintiffs, by stating all the illegalities and the High Court's allowing the application by setting asi









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