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1999 Supreme(Mad) 733

S.S.SUBRAMANI
Akbar Ali and others – Appellant
Versus
Alla Pitchai – Respondent


Appearing Advocates:Mr.S. Parthasarathy for M/s. Sarvabhauman Associates, Advocate for Petitioners. Mr.S. Silambanan, Advocate for Respondent.

Judgment :-

1. Respondents in CMA.2 of 1999 on the file of Vacation District Judge at Perambalur are the revision petitioners in this revision petition.

2. Respondents herein filed a suit for partition claiming 1/3rd share in the plaint scheduled properties and also moved I.A. No. 976 of 1996 for injunction restraining petitioners from putting up any construction in the plaint properties. They also wanted petitioners from not dealing with properties by executing a document in favour of third person.

3. A detailed counter was filed by petitioners on 7.3.1999 and as per order dated 23.4.1999. The trial court dismissed the injunction application. Trial Court found respondent has no prima facie case and his right to claim partition was found to be doubtful. Trial Court also held that petitioners have already begun to put up construction and if interim order is granted, petitioners will be put to great hardships. Trial Court further held that respondents has come to Court not with clean hands and even the injunction application as well as plaint suppressed material facts. The injunction application was dismissed with costs.

4. Apprehending that appeal will be filed against dismissal of i





































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