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2011 Supreme(Mad) 113

S.TAMILVANAN
Thiruvalleswarar Nagar Nala Kazhagam, rep. by its President, V. Jaganathan – Appellant
Versus
S. Selvakumar – Respondent


Appearing Advocates:
For the Petitioner:C. Prakasam, Advocate.
For the Respondents:V. Raghupathy, for G. Devi, I. Paranthaman, Advocates.

Judgment :-

1. Heard both the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents.

2. Challenging the judgment and decree, dated 12.2.2008 made in O.S. No. 414 of 2007 on the file of the District Munsif-cum-Judicial Magistrate, Ambattur, this Civil Revision has been preferred under Article 227 of the Constitution of India.

3. The petitioner is a third party to the said suit. The suit was filed by the first respondent herein against the other respondents, seeking decree of permanent injunction restraining the respondents 2 and 3 from permitting any one to use water tank in Thirugnana Sambandar Street, TVS Nagar, Padi for performing ceremonies and obsequies of the dead persons.

4. It is seen that the defendants in the suit, who are respondents 2 and 3 herein remained absent and were set ex parte and an ex parte decree was passed by the Court below in favour of the first respondent.

5. Learned counsel appearing for the revision petitioner submitted that the members of the revision petitioner, Thiruvalleewarar Nagar Nala Kazhagam, Thirumangalam are using the suit property for several years by conducting ceremonies and obsequies of th















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