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2022 Supreme(Online)(MAD) 25113

HIGH COURT OF MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
ABISHEK@ PRAHALAD – Appellant
Versus
DINESH RAJU – Respondent


COMMON ORDER

These petitions have been filed to set aside the orders passed by the learned Subordinate Judge, Uthagamandalam in IA.Nos.1207 and 1208 of

2016 respectively in OS.No.163 of 2014 dated 14.12.2016.

2. The Revision Petitioners are the plaintiffs in OS.No.163 of 2014 filed by the plaintiff/revision petitioner herein represented by his father/natural guardian viz., H.Thiyagaraj for the relief of permanent injunction against the defendants.

3. The defendants also filed written statement denying the plaintiffs claims over the property. Therefore, the plaintiffs filed IA.Nos.1207 and 1208 of 2016 respectfully before the trial Court under Order 32 Rule 12(2) and Order 32 Rule 12(2) r/w Section 151 of CPC, to remove the guardianship and to declare the plaintiff as major and permit him to proceed with the case.

4. The said application was objected by the defendants by stating that even at the time of filing of the suit, the plaintiff attains majority, but, the suit was filed by the plaintiff representing by his father who is a law graduate. Therefore, the said application was returned by the trial court. Considering both the submissions, the trial Court held that though the plaintiff

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