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2012 Supreme(Mad) 2722

G.RAJASURIA
Pattabi – Appellant
Versus
Jayammal – Respondent


Advocates Appeared:
For the Petitioner:T. Dhanyakumar, Advocate.
For the Respondents:R1, D. Rajagopal, Caveator, Advocate.

Judgment :-

1. Heard both sides.

2. Animadverting upon the order dated 05.10.2010 passed by the learned District Munsif, Gudiyattam, Vellore District in I.A.No.1026 of 2008 in I.A.No.45 of 2008 in O.S.No.733 of 1985, this civil revision petition has been for cussed.

3. A thumb nail sketch of the germane facts, in a few broad strokes, can be encapsulated thus:

(i) O.S.No.733 of 1985 was filed by the respondents/plaintiffs seeking the following reliefs:

- To pass a judgment and decree -

- Declaring the plaintiffs' absolute title to the schedule "A" property;

- To grant permanent injunction restraining the defendant and his men and agents from in any way interfering with the plaintiffs' possession and enjoyment of the same;

- In case the oral exchange is not accepted in reference to the schedule "B" property, then declare the plaintiffs' title to the Schedule "A" property to the plaint and direct the defendant to deliver possession of the same to the plaintiff through court.

- To direct the defendant to pay the costs of the suit.

(Extracted as such)

(ii) The defendant was set exparte; whereupon, exparte decree was passed.

(iii) Subsequently, I.A.No.82 of 2006 was filed to get th












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