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2012 Supreme(Mad) 4123

S.PALANIVELU
Rev. M. Thankamony – Appellant
Versus
Rasalam – Respondent


Advocates Appeared:
For the Petitioners:M/s. K. Sreekumaran Nair, Advocate.

Judgment :-

The petitioners are the defendants in O.S.NO.55 of 1997, on the file of the Subordinate Judge, Kuzhithurai. It is the suit filed by the respondents/Plaintiffs for following reliefs:

a. To declare that the above said gift deed dated 26.5.1997 is incompetent, invalid and void ab-initio.

b. The first defendant who is in illegal occupation of the parsonage may be evicted there from

(c) The defendants may be restrained by an injunction from taking or assuming possession of the suit property and from conducting their denominational prayers or their other activities therein

(d) in case during the pendency of the suit the defenants some how or other taken forcible and illegal possession of the suit property. Plaintiffs may be allowed to recover possession of the property from the defendants with mesne profits.

2. The trial Court refused to grant the reliefs (b) and (c) and granted the reliefs (a) and (d), namely recovery of possession. An appeal preferred by these petitioners in A.S.No.121 of 2004 was dismissed and that they have preferred a Second Appeal before this Court, in which stay was not granted and notice was only ordered. In the meanwhile, the respondents initiated exe









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