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2009 Supreme(Mad) 356

G.RAJASURIA
Paramasivam – Appellant
Versus
Elumalai – Respondent


Advocates Appeared:
For the Petitioner:N. Suresh, Advocate.
For the Respondent: -------

Judgment :-

Animadverting upon the order dated 04.09.2008, passed by the learned Principal District Munsif, Villupuram, in I.A.No.295 of 2008 in O.S.No.42 of 2005, this civil revision petition is focussed.

2. Heard both sides.

3. The facts giving rise to filing of this revision as stood exposited from the records could succinctly and pithily be set out thus:

The respondent/plaintiff filed the suit O.S.No.42 of 2005 seeking the following reliefs:

"(a) granting permanent injunction restraining the defendants, their men and agents or servants from interfering, injuring or dealing in any manner with the suit properties and with the plaintiffs peaceful possession and enjoyment over the same;

.(b) directing the defendants to pay the cost of the suit; and

.(c) to grant such other relieves as to this Honble Court may deem fit and proper in the circumstances of the case."

Whereupon, the defendant entered appearance and filed written statement as well as counter claim. Thereupon the matter was posted for trial. At that time, I.A.No.295 of 2008 was filed by the plaintiff seeking the Court to direct the defendant to adduce evidence at the first instance, whereupon the Court also allowed tha




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