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2017 Supreme(Mad) 3223

R.SUBRAMANIAN
K. Ravi – Appellant
Versus
P. Sudarshan – Respondent


Advocates Appeared:
For the Applicants :M.V. Seshachari for M/s. Hari Radhakrishnan, Advocates.
For the Respondents:V. Raghavachari for M/s. S. Annamalai, T. Jayaramaraj, Govt. Advocate (C.S.).

JUDGMENT :

1. This application has been filed by the defendants 2 to 8, 14, 17, 23, 26, 27, 29, 30, 31, 33, 36, 38, 42, 45 to 55, 57, 61, 62, 64, 68, 71, 72, 73, 75, 77, 78, 79, 81 to 88 and 92 in the suit seeking rejection of the plaint on the ground that it does not disclose the cause of action, that the plaint has been undervalued and the provisions of Section 80 (3) had not been complied with.

2. In the affidavit filed in support of the application, it is contended that the suit has been filed for various reliefs and the main relief that is sought for in the suit is for recovery of possession in as much as prayer (a) in the suit reads as follows:

“(a): for a mandatory injunction directing the defendants 1 to 99 to remove the illegal construction put by them at Old No.181, New No.116, Urur Village (Oorur Village), Adayar, Chennai 20 measuring to an extent of 1.32 acres, comprised in old Survey No.78 and new Town Survey 65/1 Block No.25 morefully described in the schedule property and to handover vacant possession to the plaintiffs”

3. It is contended that the plaintiffs have adopted a notional valuation of Rs.1,50,00,000/- for the suit property, whereas as per the guideline value, t






























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