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1996 Supreme(Mad) 718

S.S.SUBRAMANI
Shanmugham and Others – Appellant
Versus
Perumal Naicker and Others – Respondent


Appearing Advocates:R. Gandhi, Sr. Counsel For M/s. M. Kandaswany, K. Ravichandra Babu, T. S. Sivagnanam, R. Subramanian, Advocates.

Judgment :-

This Appeal is by defendants 2 to 4 and 10 in O.S. No. 648 of 1986, on the file of Subordinate Judge, Pondicherry. Reference to the parties in this Second appeal will be as per the array in the suit, for the sake of convenience.

2. Plaintiff filed the above suit for the following reliefs:-

"(a) Declare that the auction sale purported to have been held as per auction judgment dated 4-1-1972 in public auction suit No. 10/ 70 on the file of Principle Sub Court, Pondicherry is null and void and incapable of creating any interest in favour of the said auction purchaser referred to therein;

(b) Pass a preliminary decree for redemption of the mortgage dated .... and record discharge of the said mortgage and the title of the plaintiff being free of discharge;

(c) Pass a decree of permanent injunction restraining the defendants from in any manner interfering with the possession and enjoyment of the suit property or in the 25 alternative for possession of the suit property in the event of this Hon'ble Court holding that suit property is in possession of the defendants 2 to 4;

(d) Direct the defendants 5 to 9 to deliver the antecedent titles to the plaintiff;

(e) Direct defendants 5 to

































































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