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2013 Supreme(Mad) 2047

M.VENUGOPAL
L. P. Alaghappa Chettiar – Appellant
Versus
V. Janardhanan – Respondent


Advocate Appeared
For the Petitioners:S. Ramesh, Advocate.
For Respondents:N.C. Siddharth for T.R. Rajaraman, Advocates.

JUDGMENT

1. The Petitioners/Defendants have preferred the instant Civil Revision Petition as against the Order dated 07.09.2010 in I.A.No.3158 of 2009 in O.S.No.1724 of 2009 passed by the Learned I Additional District Munsif, Coimbatore.

2. The Learned I Additional District Munsif, Coimbatore, while passing the Order dated 07.09.2010 in I.A.No.3158 of 2009 in O.S.No.1724 of 2009, has categorically inter alia observed that “... this Court is of the considered view that this Court can infer or decide the question whether the sale consideration is genuine or fraudulent only at the time of trial and it must be proved or disproved only by the evidence. This disputed fact is unable to be decided in a premature stage, etc.,” and further, opined that “all the averments made by the Petitioners can be a defence for contesting the case of the Respondents at the time of trial” and resultantly, dismissed the petition without costs.

3. Challenging the Order of dismissal dated 07.09.2010 in I.A.No.3158 of 2009 in O.S.No.1724 of 2009 passed by the Learned I Additional District Munsif, Coimbatore, the Learned Counsel for the Petitioners/Defendants submits that the trial Court has dismissed the Ap





























































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