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2022 Supreme(Mad) 445

K. Vijayalakshmi – Appellant
Versus
A. Prakash – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P. Valliappan
For the Respondent: Mr. Kanmani Annamalai, for M/s.Tamizh Law Firm

ORDER :

The order challenged in this Revision is one granting leave to the plaintiff to reserve liberty to sue for the relief of recovery of money at a subsequent point of time on the same cause of action.

2. The facts that led to the filing of the present suit and the application for leave are as follows:

2.1. The property in question originally belonged to one Rathinasamy and his son Viswanathan, they executed a power of attorney in favour of one Rangasamy on 07.05.2009. The said Rangasamy sold the property to the present plaintiff on 04.01.2010. The plaintiff had sold the property to the first defendant on 30.11.2010 under a registered Sale Deed which has been registered as document No.13867 of 2010. The plaintiff filed the instant suit for a mandatory injunction directing the defendants 1 and 2 to measure the property with the help of Taluk Surveyor and to fix the boundary stones in the property and for permanent injunction restraining the defendants from alienating or encumbering the properties.

2.2. The claim of the plaintiff is that on 30.11.2010 itself, defendants 1 and 2 had entered into an agreement with him, which is titled as a Consent Deed, agreeing to have the property me

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