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2009 Supreme(Mad) 268

G.RAJASURIA
Dr. Mohana Balusamy & Another – Appellant
Versus
N. Gomathi & Others – Respondent


Advocates Appeared:
For the Petitioners:N. Manokaran, R. Marudhachalamurthy, Advocates.
For the Respondents:R1, P.M. Duraisamy, R2, N. Manokaran, Advocates.

Judgment :-

Animadverting upon the order dated 9. 2007 passed in I.A.No.854 of 2007 in P.O.P.No.19 of 2005 by the Principal District Court, Erode, these revision petitions are filed.

2. A summation and summarisation of the facts, which are absolutely necessary and germane for the disposal of these civil revision petitions would run thus.

The first respondent/plaintiff filed P.O.P.No.19 of 2005, seeking permission to file the suit in forma pauperis with the following prayers:

(i) to declare that the plaintiff is the absolute owner of the suit property;

(ii) to restrain the defendants, their men and agents from in any manner interfering with the plaintiffs peaceful possession and enjoyment of the suit properties by means of a permanent injunction;

(iii) to direct the defendants to pay the cost of the suit.

The revision petitioners/defendants entered appearance and after considerable lapse of time, the first respondent/plaintiff has chosen to file I.A.No.854 of 2007 seeking the following amendment:

"The respondents have filed counter in the above POP 19/2005 wherein they have stated that the suit itself is not maintainable without a prayer for cancellation of the sale deed. Therefore I







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