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2009 Supreme(Mad) 4927

S.RAJESWARAN
Rarandhimangalam Panchayat Rep. By its President, Nagapattinam District – Appellant
Versus
Thiagarajan – Respondent


Advocates Appeared:
For the Petitioner:M.G.R. Prasanna for M/s. Row & Reddy, Advocates.
For the Respondent:T.R. Rajagopal, Senior counsel for D. Anandaraja, Advocate.

Judgment :-

The petitioner is challenging the Judgment dated 01.04.2008 made in C.M.A.No.3 of 2008 on the file of Sub Court, Nagapattinam reversing the order dt.2. 2008 made in I.A.No.550 of 2007 in O.S.No.355 of 2007 on the file of the District Munsif, Nagapattinam.

2. The defendant in O.S.No.355 of 2007 on the file of the District Munsif Court, Nagapattinam is the revision petitioner before this Court. They are aggrieved by the order of the Appellate Court, namely Sub Court, Nagapattinam allowing C.M.A.No.3 of 2008 filed by the respondent/plaintiff herein and thereby granting an order of interim injunction till the disposal of the original suit.

.3. The brief facts are as follows:

.The respondent/plaintiff filed O.S.No.355 of 2007 for permanent injunction restraining the revision petitioner/ defendant from in any manner interfering with the respondent/ plaintiffs possession of the suit property.

.4. According to the respondent/plaintiff, he purchased the suit property by two sale deeds dated 1. 2004 and 13. 2004 for a valuable consideration and took possession of the properties. He repaired the property and reconstructed the fences. He also cultivated banana trees, coconut tre


























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