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2024 Supreme(Mad) 403

R. SUBRAMANIAN, R. SAKTHIVEL
Abhirami Foundations, rep. by its Partner – Appellant
Versus
K. Cowndamani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :B. Kumar, Senior Counsel, A. Kalaivanan, Advocate.
For the Respondent:A.R. Karunakaran, Advocate.

JUDGMENT :

R. Subramanian, J.

(Prayer: Original Side Appeal (CAD) filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of Letters Patent under Section 13(1) of the Commercial Courts Act, to set aside the Judgment and decree passed in C.S. No.509 of 2011 dated 26.11.2019.)

1. The defendants 1 and 4 in CS No.509 of 2011 are on Appeal challenging the decree for recovery of possession, permanent injunction, damages towards illegal occupation and mandatory injunctions directing the return of the original documents granted in favour of the plaintiffs. The parties will be referred to as per the ranks in the suit.

2. The suit came to be filed by the plaintiffs claiming the reliefs aforesaid on the following backdrop:

    2.1. The plaintiffs, who are members of one family, had purchased an extent of 5 grounds and 454 sq. feet of land (suit property) under 12 different Sale Deeds that were executed between March 1996 and March 1997 from Mrs.K.C. Nalini Bai and others. The fourth defendant, who was the partner of the first defendant, a construction firm, acted as the power of attorney of the vendors under the 12 Sale Deeds. Simultaneously the plaintiffs entered into 16 constru

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