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1996 Supreme(Mad) 1057

N.V.BALASUBRAMANIAN
Selvaraj and two others – Appellant
Versus
Kannan – Respondent


Advocates:
Mr. D. Krishnan, Advocate for Petitioner. Mr. S. Ashok Kumar, Advocate for Respondent.

Judgment :

.1. The Civil Revision petitioners are the plaintiffs and the respondent is the defendant. The plaintiffs filed the suit O.S. 269 of 1991 on the file of the learned District Munsif, Polur, for declaration of their title over the suit properties and for the relief of consequential injunction. The defendant, in the written statement has raised an objection that the suit properties, to be precise, items 5 to 7 were not properly valued. The trial Judge after framing issues, examined the witnesses concluded the trial and heard the arguments of both sides and posted the case for judgment on 13. 1996, 23. 1996 and again on 23. 1996. On 23. 1996, the learned trial Judge passed an order that the trial was concluded on 22. 1996 after the examination of the oral and documentary evidence and since it was felt that the question whether the suit items 5 to 7 were properly valued or not cannot be decided without any evidence and hence, the trial Judge passed the impugned order to the effect that to find out the real value of suit items 5 to 7 of the suit properties, they should be valued through the process of the Court. The trial Judge, therefore, directed that the suit properties viz






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