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2012 Supreme(Mad) 2126

V.PERIYA KARUPPIAH
Rani Thaiyal Nayagi Ammal Choultry at Thirukazhukundram Represented by its Trustees – Appellant
Versus
S. Venkatesan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:R. Subramanian, Senior Counsel for M/s. S. Hemalatha, Advocate. For the Respondents:R1 to R4, S. Vasudevan, Advocate, R5 & R6, No Appearance.

Judgment :-

1. This revision is directed against the orders passed by the lower Court in I.A.No.791 of 2008 in O.S.No.267 of 2008 dated 29.07.2009 in revoking the leave granted to sue under Section 92 CPC as per order in I.A.No.608 of 2008 on 18.09.2008.

2. The Revision Petitioners were the respondents and the respondents herein were the petitioners in I.A.No.791 of 2008 in O.S.No.267 of 2008.

3. The brief facts of the case of the petitioners in I.A.No.791 of 2008 / respondents herein before the lower Court would be as follows:-

The petitioners are the defendants 1,2, 3, 5, 7 and 9 in a suit filed by the respondents/plaintiffs for the reliefs specified thereunder. The petitioners have lodged a caveat in COP.No.417 of 2008 on 14.07.2008 and it was valid up to 14.10.2008. However, without giving any notice to the petitioners, the application filed in I.A.No.608 of 2008 seeking leave under Section 92 CPC was ordered ex-parte and the plaint filed by the respondents were admitted. The respondents/plaintiffs filed the suit as if the suit properties were the trust properties. But, the suit property is a private property maintained by Savalai Ramasamy Mudaliar, the great grand father of s


















































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