H P VEDAVYASACHAR Vs. SHIVSHANKARA
LAWS(SC)-2009-8-99
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on August 03,2009

H.P.VEDAVYASACHAR Appellant
VERSUS
SHIVSHANKARA Respondents

JUDGEMENT

S.B. Sinha, J. - (1.) Leave granted.
(2.) The plaintiff is appellant before us. He filed a suit praying inter alia for the following reliefs: to grant a judgment and decree of a permanent injunction restraining the first and second defendants either by themselves or through anyone on their behalf from interfering in the plaintiffs right, title and interest over and in the suit scheduled property including creating documents alienating the property to others and award cost and grant such other relief(s) as deemed fit and proper under the circumstances in the interest of justice and equity.
(3.) However, an application for leave to amend the plaint was filed which having been allowed; the prayers made in the amended plaint read as under: (a) a judgment and decree of perpetual injunction against the defendants 1 to 3 directing the defendants to restore the possession of the schedule premises to the plaintiff and not to interfere in the plaintiff's lawful possession and enjoyment of the schedule property in any manner whatsoever. (b) A judgment and decree against the defendants for mandatory injunction directing the defendants to restore the possession of the 'B' schedule property, which is marked 'ABCD' in the annexed sketch, and there may be a decree for permanent injunction against the defendants for 'CDEF' portion which is marked in the annexed sketch described as 'C' schedule to the plaint and there may be a decree for the enquiry into the mesne profits with Order XVIII Rule 12 of CPC, and also there may be a decree for the cost of the suit, with such other relief or reliefs as this Hon'ble Court deems fit in the circumstances of the case.: ;


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