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2005 Supreme(Mad) 1658

N.KANNADASAN, P.K.MISRA
Jayachitra, W/o. V. Ganeshh – Appellant
Versus
A. N. S. Nall Azhagu – Respondent


Advocates Appeared:
Mr. R. Krishnaswamy, Senior Advocate for Mr. K. Hari Shankar, Advocate for Appellants in all O.S.As. Mr. P.S. Raman, Senior Advocate for Mr. Sathish Parasaran, Advocate for Respondents No. 1 & 3 in all O.S.As.

Judgment :-

P.K. Misra, J.

1. These three appeals are directed against the common order dated 20.9.2005, passed by the learned single Judge in O.A. No. 568 of 2005, Appln. Nos.2341, 2775 and 3947 of 2005 arising out of C.S. No. 479 of 2005.

2. The facts giving rise to the present appeals are as follows:

The suit bearing C.S. No. 479 of 2005 has been filed by the plaintiffs/respondents against the present appellants/defendants for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs and enjoyment of ‘A’ Schedule property, except by due process of law, and for mandatory injunction directing the defendants to deliver the original title deeds and documents as indicated in ‘B’ schedule. Schedule ‘A’ consist of land and building. There is no dispute that such land and house belong to the plaintiffs. On 15.12.1999, there was an agreement between the plaintiffs and the defendants for sale of the property bearing Door No.91, Poes Garden, Chennai. A sum of Rs.70 lakhs had been paid by the defendants and a further sum of Rs.70 lakhs was paid towards fixtures and furniture. The title deeds relating to the disputed house were deposited with an A






















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