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2009 Supreme(Mad) 65

G.RAJASURIA
L. Sivalingam & Others – Appellant
Versus
S. K. Mariappan & Another – Respondent


Advocates Appeared:
For the Petitioners:T. Karunakaran, Advocate.
For the Respondents:D. Kriashnakumar, Advocate.

Judgment :-

Anim adverting upon the order dated 1. 2008 passed in I.A.No.1591 of 2007 in I.A.No.1891 of 2005 in O.S.No.2444 of 2004, by the First Additional Munsif, Salem, this civil revision petition is focussed.

2. A resume of facts, which are absolutely necessary and germane for the disposal of the civil revision petition would run thus:

The respondents/plaintiffs herein filed the suit in O.S.No.2444 of 2004 seeking the following reliefs:

(a) to declare that the suit property measuring 2 X 32 sq.feet of lands belongs to the plaintiffs;

(b) pass a decree for mandatory injunction and ordering for demolish of unlawful constructions (i.e. Walls on both sides as described in the rough plan put up in the suit property within the time granted by this Honourable Court failing which permit the plaintiff to remove the same and recover cost from the defendants;

(c) Consequently pass a decree for permanent injunction restraining the defendants and their men from in any way interfering with the peaceful possession and enjoyment of the suit property.

3. While so, during the pendency of the suit, I.A.No.1891 of 2005 was filed by the plaintiff and a Commissioner was got appointed to visit the s







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