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2001 Supreme(Mad) 919

K.SAMPATH
Kandaswamy – Appellant
Versus
Krishnamandiram Trust – Respondent


Advocates Appeared:
Mr.T.R.Rajaraman, Advocate for Petitioners.
Mr. Peter Francies, Advocate for Respondents.

Judgment :

1. Defendants 4, 6, 12, 27 and 36 in O.S.No.207 of 1982 on the file of the Subordinate Judge, Karur, are the revision petitioners.

2. The civil revision petition itself has been filed against the dismissal of their application in I.A.No.37 of 1997 for condoning the delay of 797 days in filing the petition under Order IX, Rule 13 C.P.C. to set aside the ex parte decree, dt. 1.9.1994, passed against them.

3. The suit was filed by respondents 1 to 3 herein representing Krishna Mandiram Trust, Karur, as its Trustees against the revision petitioners and 37 others for recovery of possession, for declaration of their right, for permanent injunction restraining the first respondent/State and its Officers and servants from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit property, for recovery of possession of portions of the suit property from defendants 2 to 25, and for mesne profits from the date of the suit till possession to be determined under Order 20, Rule 1 C.P.C.

4. The plaintiffs filed the suit as indigent persons and after they were permitted to sue as indigent persons, the suit was dismissed for default once on 6.11.1989.























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