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2008 Supreme(Mad) 1694

S.TAMILVANAN
S. Panchatcharam – Appellant
Versus
S. Sambandha Mudhaliar & Another – Respondent


Advocates Appeared:
For the Petitioner:T.V. Badrinarayanan, Advocate. For the Respondents: ----

Judgment :-

This Civil Revision Petition has been preferred against the order dated, 111. 2007 made in I.A.No.1166 of 2007 in O.S.No.218 of 1999 on the file of the District Munsif Court, Tambaram.

2. It is not in dispute that the revision petitioner / plaintiff had filed the suit, seeking bare injunction restraining the first respondent herein from alienating the property to the second respondent or any other person. Subsequently, the suit was dismissed for non-prosecution. There is a delay of 1657 days in filing a petition to set aside the order of dismissal and to restore the suit. The trial Court, considering the facts and circumstances dismissed the petition, as there is no merits.

3. Learned counsel appearing for the revision petitioner herein submitted that the revision petitioner herein filed the suit, since the first respondent, his father had attempted to sell away his private property as well as the joint family property. He has admitted that the revision petitioner has also filed a suit for partition, which is pending for disposal.

4. So far as the alleged self-acquired property of the revision petitioner is concerned, there could be no legal apprehension for the revision





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