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2018 Supreme(Mad) 1827

T.RAVINDRAN
S. Kumaravel – Appellant
Versus
H. N. Joons Begum – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Loganathan
For the Respondent: Mr. R. Manickavel, Mr. T. Thiagarajan

JUDGMENT :

Challenge in this second appeal is made to the judgment and decree dated 09.12.2013 passed in A.S.No.409 of 2011 on the file of VI Additional Judge, City Civil Court, Chennai, reversing the judgment and decree dated 10.06.2011 passed in O.S. No.6543 of 2008, on the file of VI Assistant Judge, City Civil Court, Chennai.

2. The second appeal has been admitted on the following substantial questions of law.

(a) Was the appellant court right in reversing the well described judgment of trial court indicating the defendant made by the plaintiff in complying with the direction of the trial court in this suit dealt with by the appellate Court?

(b) Is nor the present suit not hit by the principles of Or.2 R.2 oc CPC in as much as the plaintiff did file the earlier suit for injunction when the cause already arisen for the relief of redemption?

3. Considering the scope of the issues involved between the parties lying in a narrow compass as regards the subject matter, I deem it unnecessary to dwell into the facts of the case in detail.

4. The second appeal is laid by the second defendant in the suit, who is found to be the auction purchaser.

5. The suit has been laid by the plaintiff for re










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