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2004 Supreme(Mad) 556

K.GNANAPRAKASAM
Kesari Jabamani – Appellant
Versus
V. Radhakrishnan – Respondent


Advocates Appeared:
For the Petitioner:A. Sermaraj, Advocate.
For the Respondents:R.S. Ramanathan, Advocate.

Judgment :-

1. This civil revision petition is directed against the order dated 5.9.2003 passed in I.A. No. 170 of 2003 in O.S. No. 968 of 1984 on the file of the First Additional District Court, Tirunelveli.

2. The revision petitioner is the plaintiff in the suit, who has filed the suit for permanent injunction. The first respondent herein has filed an application under Order 1 Rule 10(2) and Section 151 of the Civil Procedure Code to implead himself and one Mariappan as defendants 6 and 7 in the suit. The same was allowed. Aggrieved by the same, the plaintiff has preferred his civil revision petition.

3. Heard learned advocate for the revision petitioner and the respondents.

4. The first respondent herein who sought to implead himself as a defendant in the suit, has stated in the affidavit filed in support of the petition before the lower Court that he had purchased 52 cents of land in the suit property from the first defendant on 2.12.1996 and the remaining 21 cents was purchased by one Mariappan under the sale deed dated 3.5.2001. He claims that the suit property originally belonged to one Muppudathi Thevar who had purchased the same under the sale deed dated 26.3.1909. Subseque























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