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2016 Supreme(Mad) 3935

M.DURAISWAMY
N. Jothi – Appellant
Versus
S. Radha – Respondent


Advocates Appeared:
For the Petitioner:Mr. R. Subramaniam for M/s. P. Veena Suresh, Advocates.
For the Respondents:Mr. P. Valliappan, Advocate.

ORDER :

M. Duraiswamy, J.

Challenging the fair and final order passed in I.A.No. 161 of 2014 in A.S.No. 06 of 2014 on the file of Principal District and Sessions Court, Perambalur, the appellant has filed the above Civil Revision Petition.

2. The petitioner has filed the suit in O.S.No.649 of 2004 on the file of Principal District and Sessions Court, Perambalur, to declare that the defendants are not the owners of the suit property, for mandatory injunction and permanent injunction.

3. After contest, the Trial Court dismissed the suit.

4. Aggrieved over the same, the plaintiff preferred an appeal in A.S.No.06 of 2014 before the Principal District and Sessions Court, Perambalur. In the said appeal, the petitioner took out an application in I.A.No.161 of 2014 under Order 6, Rule 17 of Civil Procedure Code to amend the plaint by including the prayer to declare that the plaintiff alone is the owner of the suit vacant site which is situate in SF No.450/1A/2 and to deliver possession of the suit property to the plaintiff. Correspondingly, the petitioner also sought to amend the details of the valuation and the list of documents.

5. In the affidavit filed in support of the application, the peti

























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