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2024 Supreme(Online)(MAD) 11976

HIGH COURT OF MADRAS
Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR
SEKAR – Appellant
Versus
PANDI – Respondent


ORDER

The petitioners herein originally filed O.S.No.423 of 2014 for permanent injunction against the sole defendant in respect of the suit schedule property. Subsequently, the petitioners amended the plaint by filing an application under Order 6, Rule 17 of CPC in I.A.No.372 of 2018, thereby amending the plaint claiming title over the suit property under a registered sale deed, dated 24.01.1972. By which time, the respondent herein, who is the defendant in the suit has already filed a written statement and additional written statement contending that his father has purchased a suit property under a registered sale deed, dated 29.01.1972 and claiming title over the suit property. However, the petitioners herein have not taken immediate steps for amendment of the prayer in the suit appropriately. Thereafter, the trial in the suit commenced by filing chief affidavit of P.W.1 (i.e.,) one of the plaintiffs. But for want of appearance of the P.W.1, the suit was dismissed for default on 27.03.2017. The same was restored on 09.08.2017 and again, the same was dismissed on 22.09.2017. However, the learned Trial Court was kind enough to restore the suit once again by an order, dated 28.06.201

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