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2017 Supreme(Mad) 3782

R.SUBRAMANIAN
Ramasamy – Appellant
Versus
Tamilvel – Respondent


Advocates Appeared:
For the Appellants :M. Muthappan, Advocate.
For the Respondents:Nithyanandam, Advocate, M. Venugopal, Special Government Pleader.

JUDGMENT :

1. These appeals have been filed by the appellants against the orders of remand passed by the Appellate Court under Order 41 Rule 23 of Civil Procedure Code.

2. The respondents filed two suits in a representative capacity in O.S. Nos. 81 & 353 of 1996. O.S. No. 81 of 1996 was filed by Ramasamy Gounder and three others seeking a declaration of the title of the Mariamman Temple at Devampalayam and for consequential injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit properties by the said Temple. Initially O.S.No.81/1996 was filed against the three defendants viz., (i) Ramasamy (ii) Shanmugham and (iii) the Revenue Divisional Officer, Tiruppur. The defendants 1 and 2 alienated the property in favour of third parties during the pendency of the suit in O.S.No.81/1996. Contending that the suit property has been alienated by creating a sale deed dated 15.07.1996 in favour of third parties, the subsequent suit in O.S. No. 353 of 1996 was filed by impleading the purchasers. But, the prayer in both the suits are same. The facts that led to the filing of the suits are narrated in the plaint as follows.

3. An extent of 8.62 acr

















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