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1993 Supreme(Mad) 488

ABDUL HADI
D. Vijayan and another – Appellant
Versus
V. K. Arumugam and another – Respondent


Advocates:
K.P.Gopalakrishnan, for Petitioners. T.V.Ramanujam, for Respondents.

Judgment :-

Plaintiffs are the petitioners in this civil revision petition against the dismissal of their I.A.No.6274 of 1993 for amending their plaint in O.S.No. 10966 of 1989 on the file of VIII Assistant Judge, City Civil Court, Madras. The said suit seeks permanent injunction against interference of their possession of the suit building. The proposed amendment seeks possession relief in the place of injunction relief.

2. Their averments in the said application are as follows: In I.A.No. 12690 of 1989, they got temporary injunction which has been confirmed by the first appellate court in C.M.A.No.28 of 1990 and by this Court in C.R.P.No.1826 of 1990. But the defendants respondents filed C.S.No.1826 of 1990 in this Court for declaration of title to the same suit land on the footing that the property was different. The said defendants also got temporary injunction against the plaintiffs herein on 8. 1990. But subsequently on the filing of O.S.A.No.85 of 1991 in this Court by the plaintiffs herein, the said injunction was stayed by order dated 27. 1991 and the said stay was also made absolute in C.M.P.No.5181 of 1991 therein. (The plaintiffs’ vendors have also filed O.S.No.1077 of
















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