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2023 Supreme(Mad) 2043

R. MAHADEVAN, MOHAMMED SHAFFIQ
Dynamic Associates Rep. by its Partner Sunil P. Piraliya – Appellant
Versus
Singaracharlu – Respondent


Advocates appeared:
For the Appellant:G. Rajagopalan, Senior Advocate, A.R. Karunakaran, Advocate. For the Respondents:R1, Parthasarathy, Senior Advocate, R1, Sheela Venkatesh, R5, V. Rajesh Babu, Advocates, R7, & R8, No representation.

JUDGMENT

(Prayer: Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI Rule 9 of the Original Side Rules against the Order dated 04.07.2018 passed in Application No. 365 of 2010 in Tr.C.S. No. 282 of 2011 on the file of this Court.)

R. Mahadevan, J.

1. This intra-court appeal is filed by the appellant / 4th defendant, aggrieved by the order dated 04.07.2018 passed by the learned Judge, dismissing the Application No. 365 of 2010 in Tr. C.S. No. 282 of 2011 filed to revoke the leave granted to institute the suit on 04.03.2008 in Application No. 1134 of 2008 filed by the plaintiff.

2. (i) The first respondent herein, as plaintiff, has instituted the suit in C.S. No. 272 of 2008 with the following averments:

(ii) The plaintiff is the owner of the plaint schedule property which devolved on him by means of a settlement deed dated 15.07.1953 registered as document No. 1628 of 1953 executed by his father Late. P. Anandhapadmanabhacharlu. The first defendant/second respondent herein is the sister of the plaintiff. According to the plaintiff, his sister / first defendant and Ms. Vyjayanthi, another sister, were also the owners of the properties, which lies adj

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