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2025 Supreme(Online)(Mad) 76151

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
R.M.YOUSUF – Appellant
Versus
SELVAM – Respondent


Judgment

1.This second appeal has been preferred as against the decree and judgment dated 17.10.2014 passed in A.S.No.17 of 2013 on the file of the Principal District Judge, Puducherry, however, the respondents 1 and 2 have preferred the first appeal as against the decree and judgment passed by the trial Court in O.S.No.57 of 2007 on the file of the Principal Special Judge, Puducherry dated 06.03.2013. In fact, the appellant herein being the plaintiff, has filed the above suit for declaration seeking to declare the sale deed dated 31.07.2006, executed by the first defendant in favour of the third defendant is null and void and to consequently cancel the same and to pass a decree of permanent injunction from their men from interfering with the plaintiff’s peaceful possession and enjoyment of the suit property and also for permanent injunction restraining the defendants their men and agents or anyone claiming under them from creating any encumbrance over the suit property. The said suit was decreed in favour of the appellant. Aggrieved over the same, the defendants 1 and 2 have preferred the first appeal, wherein the first appellate Court had allowed the said appeal by setting aside t

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