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2009 Supreme(Mad) 469

M.VENUGOPAL
Banu Mithra & Another – Appellant
Versus
M. Balu & Another – Respondent


Advocates Appeared:
For the Petitioners:R. Thiagarajan, Advocate.
For the Respondents:M. Vijayakumar, Advocate.

Judgment :-

The petitioners/respondents/defendants have filed this Civil Revision Petition as against the order dated 30.09.2008 in I.A.No.3805 of 2007 in I.A.No.980 of 2007 in O.S.No.237 of 2007 passed by the learned District Munsif, Alandur in allowing the application filed by the respondents/petitioners/plaintiffs under Order 39 Rule 1 of the Civil Procedure Code.

2. The trial Court while passing orders in I.A.No.3805 of 2007 has inter alia observed that since the construction has been made during the pendency of the suit, the same has to be removed in order to avoid multiplicity of proceedings. Since the respondents/defendants have not put up the construction before the interim suspension order dated 110. 2007 and as they have not obtained any treatment from the Honourable High Court to make construction during the period of interim suspension, this Court is of the considered opinion that the present petition is to be allowed and that the contention of the respondents/defendants that they have invested huge amount and they have obtained approval plan for construction does not give any right to them to make construction during the pendency of the suit and resultantly, allowed th














































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