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2021 Supreme(Mad) 2623

J.SATHYA NARAYANA PRASAD
J. K. K. Rangammal Chairtable Trust, Rep. by its Managing Trustee, N. Sendaamarai – Appellant
Versus
A. Manichamudaliar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondents: R1 to R6 & R8 to R12, No Appearance, R7, Died.

JUDGMENT :-

(Prayer: This Civil Revision Petition is filed under Section 115 of Code of Civil Procedure praying to set aside the fair and decreetal order dated 13.06.2011 made in I.A.No.185 of 2011 in O.S.No.330 of 2004 on the file of the Additional District Munsif Court, Tiruchengode.)

1. This Civil Revision Petition has been filed by the petitioner/defendant challenging the order passed by the learned Additional District Munsif, Tiruchengode in I.A.No.185 of 2011 in O.S.No.330 of 2004 dated 13.06.2011, in and by which, the learned Additional District Munsif has dismissed the Interlocutory Application filed by the petitioner under Order XXIII Rule 1(3) and Section 151 of C.P.C, praying to pass an order to withdraw the suit with liberty to institute a fresh suit in respect of the matter of the suit.

2. Heard the learned counsel for the petitioner and perused the materials placed before this Court. None appeared on behalf of the respondents 1 to 6 & 8 to 12.

3. The petitioner herein is the plaintiff in the suit O.S.No.330 of 2004 who filed the suit for permanent injunction restraining the defendants, their men and agents from in any way trespassing into or otherwise disturbing her peace

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