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2012 Supreme(Mad) 3557

V.DHANAPALAN
K. Umapathy – Appellant
Versus
A. C. Abraham Kinsely – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Harris Alfred, Advocate.
For the Respondent:R. Ganesh Babu, Advocate.

Judgment :-

1. The Civil Revision Petition is filed challenging the order dated 23.12.2011 in I.A.No.10304 of 2011 in O.S.No.5511 of 2010, on the file of the II Assistant Judge, City Civil Court, Chennai.

2. The defendant in the suit is the revision petitioner herein. The suit has been filed by the respondent/plaintiff for permanent injunction restraining the petitioner/defendant, his men, agents, servants or anybody authorised through the defendant from in any manner carrying out construction work in the common passage ad-measuring 337.5 square feet situate in T.S.No.4692 of Block No.105 in No.112, T.Nagar Village, morefully described in Schedule C.

3. Pending suit, the respondent/plaintiff filed I.A.No.10304 of 2011 to amend the plaint averring as follows:

(a) As per paragraph (a) of the relief sought for in the plaint, in particular, the plaintiff stated in paragraph 6 of the plaint that the defendant's property is situated in the corner portion of the South-Eastern side, and in front of the plaintiff's property, there is a common passage from North to South vice versa and there was entrance. The said passage is common for the plaintiff and the adjacent owners. But the defendant,


























































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