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2014 Supreme(Mad) 3674

S.VIMALA
Manivannan – Appellant
Versus
P. Ambal Devi – Respondent


Advocates Appeared:
For the Petitioners:N. Manokaran, Advocate.
For the Respondent:Hema Sampath, Sr. Counsel for M/s. Meenal, Advocate.

Judgment

1. Defendants 2 to 5, who are the Legal Representatives of the deceased first defendant, are the revision petitioners. The plaintiff is the respondent.

2. A suit was filed in O.S.No.480 of 2000 by the plaintiff seeking the relief of injunction against the defendants.

2.1. The plaintiff originally filed I.A.No.971 of 2009 in O.S.No.480 of 2000, seeking amendment of the plaint, adding the relief of declaration and recovery of possession. That application was dismissed. Challenging the same, a Civil Revision Petition was filed in CRP No.2856 of 2010. The said Civil Revision Petition was dismissed considering the following facts and circumstances:-

(a) The suit has been filed on 24.08.2000 and written statement was filed on 03.09.2000.

(b) In the written statement, it has been specifically stated that the defendants have purchased the property and they are in possession and enjoyment of the same.

(c) The application for amendment has been filed in the year 2009 stating that the defendants have constructed a compound wall and claimed that they are in the possession of the property.

2.2. On these factual aspects, taking into account the proviso to Order 6 Rule 17 CPC and fi



































































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