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2015 Supreme(Mad) 2945

C.S.KARNAN
Sri Kaliappa Charitable Trust – Appellant
Versus
Pankajam – Respondent


Advocates:
Advocate Appeared:
For Appellants : Mrs.P.T.Asha For M/s.Sarvabhauman Associates
For Respondents: Mr.B.Kumar, Senior Counsel For Mr.A.Kalaivanan for R1
Mr.P.K.Rajesh Praveen Kumar for R2 to R9
R10 to R13 (Notice served)
(No appearance)

JUDGMENT

The short facts of the case are as follows:-

The respondents herein / plaintiffs 1 to 9 have filed suit in O.S.No.2688 of 2013 on the file of Additional District Munsif Court, Coimbatore against 11 defendants / appellants herein for declaration that the defendants had obtained fraudulent decree in O.S.No.3987 of 2004 for declaration stating that the decree and judgment is not valid. Besides, the plaintiffs had prayed for permanent injunction. The second prayer is that the defendants 8 to 11/respondents 10 to 13 had created forged documents bearing Nos.1366/1998, 1367/1998 and 592 of 2000 as null and void and further the plaintiffs have been enjoying the schedule mentioned property for more than 20 years and as such, their civil rights will not be affected and other reliefs.

2. While the above suit was pending, the plaintiffs 1 to 7/ appellants herein had filed supplementary application in I.A.No.3140 of 2013 in O.S.No.2688 of 2013 for rejection of the plaint in O.S.No.2688 of 2013. The plaintiffs have filed counter statement and opposed the above said interlocutory application. After recording the averments of both sides, the trial Court was pleased to allow the above I.A.






































































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