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2022 Supreme(Online)(MAD) 30148

HIGH COURT OF MADRAS
Hon`ble Mrs Justice T.V. THAMILSELVI
P.M VENKATACHALAPATHY (Died) – Appellant
Versus
JAMIA MASJID – Respondent


C O M M O N O R D E R

These Civil Revision Petitions have been filed by the petitioners seeking to set aside the fair and decreetal order dated 29.08.2017 passed in I.A. Nos.126 to 128 of 2017 in W.O'S. No.33/2016 on the file of the learned Principal Subordinate Judge, Krishnagiri.

2. The petitioners herein are the defendants and the respondents herein are the plaintiffs in the Original Suit.

3. The case of the petitioners is that the 1st respondent herein filed the suit in W.O.S. No.33 of 2016 on the file of the Sub-ordinate Judge, Hosur, seeking for relief of direction to the defendants to deliver the possession of the suit land and to set aside the sale deed dated 30.06.1995 under Registered Document No.5900 of 1995. Pending the suit, the 7th defendant has filed the said I.A. Nos. 126 to 128 of 2017 under Order 11, Rule 1 of C.P.C r/w. Section 57 of C.R.P to order the respondents/plaintiffs for delivery of interrogatories. Having heard both sides, the Trial Court dismissed the aforesaid application by its order dated 29.08.2017 holding that whether the cause of action for the suit and W.O.S. No.2 of 1998 are one and the same, can be determined only after filing the written statemen

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