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2023 Supreme(Mad) 1263

ABDUL QUDDHOSE
Kanagaraj – Appellant
Versus
Russel Raj – Respondent


Advocates appeared:
For the Petitioners:S. Titus, Advocates. For the Respondent: R1, I. Robert Chandrakumar, R2 to R6 & R8, No Appearance, R7, T. Villavankothai, Additional Government Pleader.

JUDGMENT

(Prayer in C.M.P.(MD).No.4661 of 2018: Civil Miscellaneous Petition is filed under Order 41 Rule 3(A) of CPC to condone the delay of 443 days in filing the above Second Appeal.

In S.A.(MD).No.SR9803 of 2018: Second Appeal is filed under Section 100 of CPC to allow te Second Appeal and set aside the judgment and decree passed in A.S.No.83 of 2012 dated 08.01.2016 on the file of the Subordinate Judge (Camp Court), Kuzhithurai, reversing the judgment and decree passed in O.S.No.209 of 2003 dated 27.08.2012 on the file of the Principal District Munsif, Kuzhithurai.)

1. The Civil Miscellaneous Petition is filed seeking to condone the delay of 443 days in filing the Second Appeal.

2. The petitioners are the plaintiffs in the suit in O.S.No.209 of 2003 on the file of the Principal District Munsif, Kuzhithurai. The said suit was filed to declare the judgment and decree dated 29.06.1994 passed in O.S.No.332 of 1983 as null and void. The petitioners have also sought for possession of the suit schedule property. The suit in O.S.No.209 of 2003 filed by the petitioners came to be decreed in their favour by the judgment and decree of the District Munsif Court, Kuzhithurai on 27.08.2012. Agg

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