M RADHESHYAMLAL Vs. SHAILESH

JUDGEMENT

(1.) O. S. A. No. 181 of 2003 is directed against the judgment dated 18-11-2002 made in Review Appln. No. 5118 of 2001 in Appln. No. 3765 of 2001 in C. S. No. 331 of 1996, whereas O. S. A. No. 110 of 2004 is directed against the judgment dated 10-10-2001 made in Application No. 3765 of 2001 in C. S. No. 331 of 1996.

(2.) "the appellant in these appeals is the plaintiff in C. S. No. 331 of 1996 laid for : (i) declaring that the plaintiff is the owner of the premises, land and building, Old No. 14, New No. 18, Peria Neikkaran Street, sowcarpet, Madras-79, by virtue of his having perfected his title by adverse possession; and (ii) granting a permanent injunction restraining the defendants therein jointly and severally and/or others acting for or through them or anyone of them interfering with and disturbing his peaceful possession and enjoyment of the said property. "

(3.) "mr. Sampath Kumar, learned senior counsel for the respondent also contended that O. S. A. No. 110 of 2004 against the judgment dated 10-10-2001 made in Appln. No. 3765 of 2001 in C. S. No. 331 of 1996 setting aside the ex parte decree dated 27-3-2000 is not also maintainable in view of order 43, Rule 1 (d) of the CPC. To substantiate the said contention, the learned counsel placed reliance on the decisions of the apex Court in (i) Ganga Bai v. Vijay Kumar, air 1974 SC 1126; and (ii) Mithailal dilsangar Singh v. Annabai Devram Kini, 2004 (2) LW 366 : (AIR 2003 SC 4244 ). "