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2017 Supreme(Mad) 2462

M.V.MURALIDARAN
D. Nallathambi – Appellant
Versus
Rajammal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C. Srivatsan
For the Respondents: Mr. Ramalingam for M/s. Ramalingam Associates

ORDER :

The plaintiff is the Civil Revision Petitioner before this Court, challenging the order in I.A. No. 2529 of 2011 in O.S.No.507 of 2004, dated 11.01.2012, on the file of the Principal District Munsif, Coimbatore.

2. The case of the respondent/plaintiff is that he has filed the suit against the defendants for permanent injunction, pending suit the defendants have filed a petition in I.A. No. 2529 of 2011 under Order 26 Rule 9 and Section 151 of CPC.

3. It is the case of the defendants is that their counsel was cross examined the plaintiff on 07.09.2011 and at that time only the plaintiff has told that he has filed the suit only for the vacant site. As per the part performance of the written agreement, he constructed sheds and used it as a fooder stocking place in furtherance of the agreement, as he was in actual possession and enjoyment of the suit property from the date of the agreement. The 1st defendant also states in its affidavit that therefore in the above circumstances it is just and necessary to note down the physical features of the suit property and the Advocate Commissioner should be inspected the property. Therefore, the defendants have filed the application for appo













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