P.R. Shivakumar, J.

1. Plaintiff in C.S.No.434 of 2007 on the file of this court in its ordinary original civil jurisdiction is the appellant in the Original Side Appeal. The suit had been filed for (1) a declaration declaring that the first respondent had no redeemable right over the plaint schedule properties, (2) a declaration declaring the plaintiff (appellant) to be the absolute owner of the plaint schedule property, (3) a decree cancelling the ex-parte decree dated 14.06.2006 passed by the VII Assistant Judge, City Civil Court, Chennai in O.S.No.9869/1990 as having been obtained by misrepresentation and (4) a permanent injunction restraining the defendants or anybody claiming through them in any manner interfering with the plaintiff's/appellant's peaceful possession and enjoyment of the suit property.

2. Initially the suit was filed against Mohamed Idris, the first respondent alone showing him to be the sole defendant. Subsequently, as per order dated 20.10.2008 made in A.No.1347/2008, respondents 2 and 3 were impleaded as defendants 2 and 3. The suit was resisted by the first defendant by filing a written statement. After their impleadment defendants 2 and 3 also fi