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2012 Supreme(Mad) 4002

R.SUBBIAH
M. Banupriya – Appellant
Versus
M. Lakshmi – Respondent


Advocate Appeared:
For the Plaintiff:R. Thiyagarajan, Advocate.
For the Defendants:D1 & D2, P.T. Asha for M/s. Sarvabhauman Associates, D3, T.V. Ramanujan, Senior Counsel for M. Narayanaswamy, D4 & D5, Sathish Parasaran, D6, S.P. Meenakshi Sundaram, Advocates.

Judgment :

R. SUBBIAH, J.

A.No.1238 of 2012 has been filed by 5th defendant to reject the plaint filed in C.S.No.801 of 2011 as against the 5th defendant.

A.No.1457 of 2012 has been filed by 3rd defendant to revoke the order of leave granted in Application No.5079 of 2011 dated 11.11.2011 in so far as against the 3rd defendant pertaining to C schedule properties mentioned in the plaint.

2. In A.No.1238 of 2012, 5th defendant is the applicant and plaintiff is the respondent. In A.No.1457 of 2012, 3rd defendant is the applicant and plaintiff and defendants 1, 2 and 4 to 7 are the respondents. For easy reference, parties are hereafter referred to as arrayed in the civil suit.

3. Before traversing through the averments made in the affidavits filed in both applications for revocation of the order of leave pertaining to 'C' schedule properties and for rejection of plaint, it would be appropriate to narrate brief facts about the case of plaintiff, as averred in the plaint, hereunder:

(a) Plaintiff filed the suit against the defendants numbering 7 for the following reliefs:

(i) to declare that the alleged registered Power of Attorney dated 07.12.2005 executed in favour of D2 in respect








































































































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