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2024 Supreme(Online)(MAD) 18549

HIGH COURT OF MADRAS
Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
NALINI SEKARAN – Appellant
Versus
ILANGOVAN – Respondent


Advocates:
Mr.J.Barathan for Petitioners, Mr.N.Mohideen Basha for R1, No Appearance for R2

ORDER

This Civil Revision Petition is directed against the fair and decretal Order of the learned Additional District Munsif, Thirumangalam dated 23.12.2021 in I.A.No.4 of 2021 in O.S. No.518 of 2011. By the said Order, the learned District Munsif allowed the application filed under Order XXIII Rule 1A read with Section 151 of the Code of Civil Procedure, filed by the first respondent/petitioner/10th defendant to transpose himself as the second plaintiff.

2. The suit was filed by one Annal Packiyam, against 8 defendants in 2011.

The case of the plaintiff is that by a series of transactions, the suit properties came to be vested in the plaintiff, she having purchased the same. While so, she was shocked to know that one of the predecessors in title, Neerukathalingam had sold the property in favour of one Panjavarnam Ammal and who had in turn executed documents in favour of the defendants 1, 2 and the father of the defendants 3 to 8. Hence, the suit is for declaration of title of the plaintiff and for consequential permanent injunction restraining the defendants from interfering with the possession of the property.

3. The suit is resisted by the defendants by claiming that the said Neeruk

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