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2011 Supreme(Mad) 3284

B.RAJENDRAN, R.BANUMATHI
A. Anandan – Appellant
Versus
K. Amutha – Respondent


JUDGMENT

R. BANUMATHI, J.

1. The application in M.P.No.1 of 2011 is filed by the petitioners/appellants to condone the delay of 935 days in representing O.S.A.S.R.No.43783 of 2008.

2. O.S.A.SR.No.43783 of 2008 arises out the order passed by the learned single Judge dated 11.3.2008 allowing the application in A.No.6738 of 2007 in C.S.No.592 of 2007 filed under Order VII Rule 11 C.P.C. read with Order XIV Rule 8 of the Original Side Rules and thereby rejecting the plaint in C.S.No.592 of 2007 filed by the petitioners/appellants on the ground that the suit is barred under Order II Rule 2 C.P.C.

3. The suit – C.S.No.592 of 2007 was filed by the petitioners/plaintiffs for declaration that they are the lawful owners of the plaint schedule property, comprised in S.No.97 measuring an extent of 0.72 acres situated at Nesapakkam village, Mambalam - Guindy Taluk, Chennai- 600 078 and for permanent injunction.

4. Case of petitioners/appellants was that the suit property was originally owned by Arunachala Naicker and that the said Arunachala Naicker was in possession and enjoyment of the same. The said Arunachala Naicker had executed a sale deed dated 14.7.1941 in favour of one Somasundara Mudali












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