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1998 Supreme(Mad) 1335

K.P.SIVASUBRAMANIAM
PARAVAKOTTAI VILLAGE CO-OP. AGRICULTURAL LOAN SOCIETY. – Appellant
Versus
J. KARTHIKEYAN – Respondent


For the Appearing Parties: K. Raghunathan, K. Yamunan,
Advocates.

Judgment :-

K.P. SIVASUBRAMANIAM, J.

( 1 ) THIS second appeal is directed against the judgment of the Subordinate Judge, Pattukottai in A. S. No. 25/84 reversing that of the learned District Munsif, Mannargudi in O. S. No. 268/82.

( 2 ) THE defendant in the suit, Paravakottai Village Cooperative Agricultural Loan society by its Secretary is the appellant in the present Second appeal.

( 3 ) THE suit was filed by the plaintiff/respondent for permanent injunction to restrain the defendant from attaching any of the properties belonging to the plaintiff from enforcing the Award Nos. ARC 38/1976-77 and arc No. 1702/1979-80 on the file of the Arbitrator of Cooperative Societies. It is not necessary to deal with the merits of the mutual contentions on the correctness of the claim made by the defendant/appellant resulting in the filing of the present suit, in view of the decision to be taken in the context of the objection by the defendant pertaining to the jurisdiction of the Civil Court to entertain the above suit. The facts required for the said decision would be that the plaintiff is the son of one Jayarama Thevar and his wife Manimekalai ammal who were permanent residents of Paravakko














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