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2017 Supreme(Mad) 570

G.JAYACHANDRAN
Dhanathammal – Appellant
Versus
Venkatesan – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Kanagasabai
For the Respondent: Mr. P. Arun Jayatram

ORDER :

This Civil Revision Petition has been filed by Under Article 227 of Constitution of India, praying to set aside the Fair and Decretal order passed in I.A.No.460 of 2016 in O.S.No.1802 of 2009 on the file of the Principal District Munsif, Trichirapalli dated 16.11.2016.

2. This suit in O.S.No.1802 of 2009 was filed for bare injunction by the mother of the fourth petitioner herein against one of her son, in respect of the property which stands in the name of the respondent/defendant. The defendant has filed a written statement stating that he is the title holder of the property and he claims ownership of the property. Therefore the suit for bare injunction is not maintainable. The written statement in the suit was filed on 07.12.2010, when the plaintiff/mother was alive. After her death, now legal heirs of the plaintiff have been brought on record. They filed an Interlocutory application seeking to carry out amendment of the prayer in the plaint and relief by including the relief of declaration and recovery of possession in respect of title for which the defendant herein has filed a counter stating that by virtue of filing of the amendment petition that too belatedly long after












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