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2018 Supreme(Mad) 2379

P.VELMURUGAN
Kuchaladoss – Appellant
Versus
C. Balasubramania Naicker – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Venkata subban for Mr. Sarvabhauman Associates

ORDER :

The relief sought for in this revision petition is to set aside the fair and decretal order dated 20.12.2017 made in I.A.No.30 of 2017 in A.S.No.56 of 2007 on the file of the learned Subordinate Judge, Madhuranthagam.

2. The first respondent/plaintiff filed a suit in O.S.No.61 of 1999 before the learned District Munsif, Madurantakam for declaration and for permanent injunction. The suit was decreed.

3. Against which the first defendant in the suit filed first appeal in A.S.No.56 of 2007 before the Subordinate Court, Madurantakam in which he also filed an Interlocutory application in I.A.No.55 of 2001 in A.S.No.56 of 2007 under Order XLI Rule 27 of C.P.C., to produce additional documents. The first Appellate Court allowed the Interlocutory application and marked the additional documents. Relying upon the additional documents, the first Appellate Court reversed the order of the trial Court and allowed the first appeal.

4. Aggrieved against the said order, the first respondent/plaintiff preferred Second appeal in S.A.No.577 of 2016 before this Court. The said Second Appeal was allowed by setting aside the order made in A.S.No.56 of 2007. After remitting back the first appeal, the






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