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2017 Supreme(Mad) 1280

V.M.VELUMANI
V. S. Ranganayaki – Appellant
Versus
Joint Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner: M/s. N.Manokaran
For the Respondent:Mr. T.Jayaramaraj Government Advocate (CS)

ORDER :

This Civil Revision Petition is filed against the fair and decretal order dated 15.07.2010 made in I.A.No.634 of 2010 in O.S.No.415 of 2005 on the file of the Principal Sub Court, Erode.

2. The petitioners are the plaintiffs and the respondents are the defendants in O.S.No.415 of 2005. The petitioners have filed the suit for declaration, mandatory injunction and for permanent injunction. The respondents have filed their written statement and are contesting the suit.

3. The trial commenced. On the side of the plaintiff P.W.1 was examined and P.W.1 was partly cross examined, At that stage, the petitioners filed an Interlocutory Application in I.A.No.634 of 2010 for amendment of the plaint stating that the respondents 4 to 7 have encroached 3½ cents in the petitioners' property and put up a superstructure. The petitioners have stated that they have mentioned about the encroachment in the plaint and did not mention the extent of the encroachment and prayed for amendment. The respondents 4 to 7 denied and opposed the above said application and submitted that they have not encroached the property belonging the petitioners. The property belongs to the Temple and there is no cart trac






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