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2024 Supreme(Online)(MAD) 1015

HIGH COURT OF MADRAS
Honourable Mr Justice V.SIVAGNANAM
DIAGOU MUDALIAR TRUST – Appellant
Versus
Damayandhi – Respondent


ORDER

This civil revision petition has been filed to side the order passed on the memo filed by the petitioner, dated 27.11.2023 in O.S.No.105/2009, by the learned I Additional District Munsif, Puducherry.

2. The petitioner herein is the plaintiff and the respondents herein are the defendants in the above said suit, which is filed " for declaration, declaring that the sale deed dated 30.03.2007 and registered before the Sub Registrar, Oulgaret on 21.06.2007, executed by the first defendant in favour of the second defendant is null and void and nonest in law and also for permanent injunction restraining the second defendant from alienating or encumbering the B schedule property and restraining the defendants from interfering with the plaintiffs peaceful possession and enjoyment of the A and B schedule property ". Pending suit, the second respondent/ second defendant had filed an application in I.A.No.439/2002 for reception of a partition deed, as an additional document, by condoning the delay, and the same was allowed by the Trial Court on 11.11.2022. Challenging the same, the petitioner has filed CRP No.247/2023 before this court and the same was allowed, by holding that, since the d

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