LAWS(MAD)-2015-7-439

SHUBU REALITY (SOUTH) PVT LTD Vs. ITTOOP T MALLIYEKEL; SUPER WIND PROJECT (PVT) LTD ; VASANTHA; M NELLAIAPPAN; CHIEF ENGINEER AND OTHERS

Decided On July 22, 2015
Shubu Reality (South) Pvt Ltd Appellant
V/S
Ittoop T Malliyekel; Super Wind Project (Pvt) Ltd ; Vasantha; M Nellaiappan; Chief Engineer And Others Respondents

JUDGEMENT

(1.) The petitioner and the second respondent filed an application for issuance of a commission in a suit filed by the first respondent for declaration, recovery of possession and mandatory injunction. The Trial Court dismissed the application. The order dated 21 February, 2012, in I.A.No.266 of 2012, is under challenge in this Civil Revision Petition, at the instance of the second defendant in O.S.No.206 of 2010, on the file of learned Principal District Munsif, Tenkasi.

(2.) The first respondent herein filed a comprehensive suit for declaration, recovery of possession and mandatory injunction against the petitioner and respondents 2 to 7 before the learned Principal District Munsif, Tenkasi.

(3.) The first respondent, in his suit in O.S.No.206 of 2010, contended that the plaint schedule property absolutely belongs to him and it was sold to the petitioner by fabricating documents. The petitioner purchased the said property for erecting a Wind Mill.