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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Rajasekar, J
Thamaraiselvi – Appellant
Versus
Ashan Muhameed – Respondent
| Table of Content |
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| 1. suit for injunction based on inherited possession; defendant claims government-assigned land. (Para 4) |
| 2. trial court dismisses rejection; parties argue threshold adjudication. (Para 5 , 6 , 7) |
| 3. disputed facts require evidence; rejection under o.vii r.11 inappropriate. (Para 8 , 10) |
| 4. revision dismissed; suit disposal directed within four months. (Para 11 , 12) |
ORDER
This Civil Revision Petition has been filed by the petitioner challenging the dismissal of the application under Order VII Rule 11 of Civil Procedure Code, 1908 (C.P.C.,) for rejection of plaint filed by the defendant/petitioner herein, in I.A.No.2 of 2021 in O.S.No.151 of 2021 on the file of the Principal District Munsiff, Permabalur.
2. The plaintiff/respondent herein instituted the suit in O.S.No.151 of
2021 under Order VII Rule 1 of C.P.C., seeking a decree of permanent injunction restraining the defendant, his men or agents from in any manner interfering with the plaintiff’s alleged peaceful and continuous possession. 3. According to the plaintiff, the suit property originally belonged to his grandfather and was subsequently partitioned among his father, grandmother and his uncle. Thereafter, the p
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