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2016 Supreme(Mad) 2812

M.DURAISWAMY
A. Ravishankar Prasad – Appellant
Versus
Prasad Production Private Ltd. , Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R. Maheswari
For the Respondent: S. Raghunathan

JUDGMENT :

1. Challenging the order passed in an unnumbered application in I.A.S.R. No. 33080 of 2012 on the file of VI Additional Judge, City Civil Court, Chennai, the defendants have filed the above Civil Revision Petition.

2. Originally, the respondent/plaintiff filed a suit in C.S.No.248/2004 before this Court for recovery of possession, for mesne profits and for recovery of Rs.26,957/- towards maintenance and telephone charges. The defendants filed their written statement and were contesting the suit. Subsequently, when the pecuniary jurisdiction of the City Civil Court was increased, the suit in C.S.No.248/2004, pending on the file of this Court, was transferred to the file of VI Additional Judge, City Civil Court, Chennai and numbered as O.S. No. 13825/2010. Since the defendants failed to appear before the VI Additional Judge, City Civil Court, Chennai, the trial Court, by its Judgment and Decree dated 31.10.2011, on merits, decreed the suit for recovery of possession and for recovery of a sum of Rs.26,957/-. Regarding the prayer for mesne profits, the trial Court observed that the same can be decided in a separate enquiry, under Order 20 Rule 12 of the Civil Procedure Code.

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