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2021 Supreme(Mad) 824

A.A.NAKKIRAN
Nesamony – Appellant
Versus
Ponnayyan Nadar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:J. Anandhavalli, Advocate.
For the Respondents:P. Thiagarajan, Advocate.

JUDGMENT :

(Prayer: This Civil Revision Petition has been filed, under Section 227 of the Constitution of India, to set aside the fair and decreetal order dated 5.7.2014, passed in IA.No.368 of 2014 in OS.No.32 of 1980, by the I Additional District Munsif, Kuzhithurai.)

1. This Civil Revision Petition has been filed, to set aside the fair and decreetal order, dated 5.7.2014, passed in IA.No.368 of 2014 in OS.No.32 of 1980, by the I Additional District Munsif, Kuzhithurai.

2. The facts of the case, in a nutshell, are that the Petitioner herein is the Plaintiff and the Respondents are the Defendants in the suit. The suit was filed for declaration of tile and for injunction. The suit was decreed by the judgement and decree, dated 14.07.1995 and the appeal filed as against the same was dismissed, confirming the judgement and decree of the Trial Court, by judgement and decree, dated 23.12.1996. The second appeal filed before this Court was allowed, by judgement and decree dated 14.12.2011, in and by which, the suit was remanded back to the Trial Court for fresh trial. After remand, an Advocate Commissioner was appointed and he had also filed a report and plan. At this juncture, the Plainti

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