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2009 Supreme(Mad) 4657

M.JEYAPAUL
Natarajan(died) & Others – Appellant
Versus
A. Mahalinga Padayachi & Another – Respondent


Advocates Appeared:
For the Appellants:M/s. J. Antony Jesus for K.Srinivasan, Advocate.
For the Respondent:Srinath Sridevan, Advocate.

Judgment :-

The respondents in second appeal nos.608 and 609 of 1995 filed the suits in O.S.Nos.29 and 30 of 1989 praying for permanent injunction as against the appellants therein. The appellants in second appeal no.610 of 1995 filed the suit in O.S.No.11 of 1989 and the appellant in S.A.No.611 of 1995 filed O.S.No.12 of 1989 seeking for a direction to the respondents therein either to receive the sum of Rs.5,000/- deposited by the appellants into court and deliver possession of the suit properties to the appellants or in the alternative to receive the sum of Rs.5,000/-in discharge of the mortgage and execute sale deed in favour of the appellants and deliver vacant possession of the suit property.

2. The plaintiffs in O.S.No.29 and 30 of 1989 were non-suited by the trial court. The defendants in O.S.No.11 and 12 of 1989 suffered a decree. The first appeals preferred by the plaintiffs in A.S.Nos.23 and 24 of 1994 preferred by the plaintiffs in O.S.Nos.29 and 30 of 1989 respectively were allowed. The appeals in A.S.Nos.21 and 22 of 1994 preferred by the defendants as against the judgment in O.S.Nos.11 and 12 of 1989 were also allowed. The present second appeal nos.608 and 609 of 199






































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