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2011 Supreme(Mad) 3259

K.VENKATARAMAN
Tirumuruga Real Estate, rep. by its Managing Partner, V. Thirunavukkarasu – Appellant
Versus
Dhanraj Kochar – Respondent


Advocates Appeared:
For the Petitioner:S. Sridhar Advocate.
For the Respondent: ---------

JUDGMENT :-

1. The present Civil Revision Petition is directed against the order of the learned III Assistant Judge, City Civil Court, Chennai dated 9.6.2011 made in I.A. No.4136 of 2011 in O.S. No.2945 of 1999.

2. The Plaintiff in the aforesaid Suit is the Petitioner herein and the Defendants thereon are the Respondents.

3. The Petitioner has laid the said Suit against the Respondents for declaration that the Petitioner is the real owner of the suit lands and for permanent injunction restraining the Respondent from alienating the suit property. In the said Suit, the Petitioner has taken out an Application in I.A. No.4136 of 2011 to examine the witnesses mentioned in the Petitioner by issuing subpoena. The said Application came to be dismissed by the Court below and the present Civil Revision Petition is directed against the said order.

4. The reasons that have been assigned by the Court below for rejecting the claim of the Petitioner, are summarized hereunder.

(i) The Petitioner already filed an Application in I.A. No.10519 of 2009 for re-opening the case and summon the witnesses under Order 18, Rule 17, C.P.C. The said Application came to be dismissed by the Trial Court by an orde







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