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1999 Supreme(Mad) 132

K.SAMPATH
S. Ramaswamy and four others – Appellant
Versus
The State of Tamil Nadu rep. by its Collector, Kanyakumari District at Nagerkoil and another – Respondent


Advocates:
Mr.V. Lakshminarayanan Advocate for Petitioners. Ms. Selvi George for Mr. Titus Jesudoss Additional Government Pleader (Forest Cases) Advocate for Respondent No. 2.

Judgment :

.1. The plaintiffs in O.S.No. 8 of 1993 on the file of the Additional Sub Court, Nagercoil, are the revision petitioners. The first respondent filed I.A.No. 199 of 97 in the suit under Order 1, Rule 10 of the Code of Civil Procedure for impleading the second respondent as a party to the proceedings. The learned First Additional Subordinate Judge by his order dated 12. 1997 has allowed the application and as against that order the present civil revision petition has been filed.

2. The suit has been filed for a declaration and recovery of possession of an approximate extent of 60 acres minus the area covered by R.S.No. 449/1 having an extent of 10 acres 51 cents in the land in R.S.Nos. 449/1, 2 and 3 surrounding properties coming within the stated boundaries in Arumanalloor Village. Thovalai Taluk in Kanyakuman District and for a permanent injunction restraining the first respondent State from interfering with the possession and enjoyment of the plaintiff over the portion of the schedule property excluding R.S.No. 449/1 by itself or through its Officers, servants and men. (Itallics supplied).

.3. The first respondent alone was impleaded as the defendant. The affidavit i
























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