P. Rajendran vs P. Palanivel - 2023 Supreme(Mad) 1439

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 1439

N. SATHISH KUMAR
P. Rajendran – Appellant
Versus
P. Palanivel – Respondent

Advocates appeared:
For the Appellant:K. Vidya, Advocate. For the Respondents:R2, S. Jeyakarthick, Advocate.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(u) of C.P.C., against the judgment and decree made in A.S.No.14 of 2018 dated 04.04.2022 on the file of Additional District Court, (FTC), Theni, remanding the judgment and decree made in O.S.No.11 of 2013, dated 20.06.2017, on the file of the Subordinate Court, Theni.)

This Civil Miscellaneous Appeal is filed challenging the judgment and decree of the Additional District Court, (FTC), Theni, made in A.S.No.14 of 2018 dated 04.04.2022, to remand the matter to the trial Court.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Civil Miscellaneous Appeal, are as follows:-

The plaintiffs have laid a suit in O.S.No.11 of 2013 for declaration and injunction against the defendant. The suit has been laid on the basis of the sale deed dated 24.06.1952, followed by revenue records and sale deed dated 05.03.2010. The suit is proceeded as if based on the above sale deed, the plaintiffs become absolute owner of the property and enjoyment of the same. The defendant without any title to the property, prohibiting th

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