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2026 Supreme(Online)(Mad) 13652

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice S. SOUNTHAR
N.BALAKRISHNAN – Appellant
Versus
JOTHIMANI – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP.No.12136 of 2025 N.Balakrishnan ..Petitioner(s)

Vs Jothimani ..Respondent(s)

Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Order and decreetal order dated 03.01.2025 passed in IA.No. 8 of 2024 in OS.No. 248 of 2021 on the file of Subordinate Judge, Pollachi For Petitioner(s): Mr.C.Jagadish For Respondent(s): M/s.T.Sathya Narayanan

ORDER

The civil revision petition is filed challenging the order passed by the Trial court allowing the application filed by the respondent/plaintiff.

2. The respondent herein filed a suit seeking declaration of title and recovery of possession of encroached portion in the suit property. He also sought for permanent injunction restraining the defendant from putting up any construction in the suit property. Further, he prayed for mandatory injunction directing the defendant to demolish the illegal construction in the suit property.

He also sought for an injunction restraining the defendant from interfering with his possession over the suit property.

3. Pending suit, an Advocate Commissioner was

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