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2021 (2) TMI 1200

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..... etitioner and others have gone to the competent civil Court and filed a suit in O.S.No.166 of 2020 as against the rival claim of the private respondents 5 and 6 - When the suit is pending before the competent civil Court, it is always open to the petitioner to seek any interim protection, safeguarding his right, pending finalization of the dispute by the civil Court. When the title dispute is pend .....

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..... tuated at Appaneri Village, Kovilpatti Taluk, Thoothukudi District, originally belonged to the petitioner's grandmother, Venkatalakshmiammal. The petitioner's mother, Avudiathai, and his maternal uncle, Subbanaikkar, were the legal heirs of the said grandmother. After the demise of the grandmother, the petitioner succeeded to the said property and he is in possession and enjoyment of the s .....

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..... d the petitioner to file a suit in O.S.No.166 of 2020 before the District Munsif Court, Kovilpatti. After the filing of the suit, legal notice was issued to the 3rd respondent not to register any documents in respect of the schedule properties. But in spite of the pendency of the civil suit and the notice issued to the 3rd respondent, a power of attorney was executed by the 5th respondent in favo .....

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..... n, safeguarding his right, pending finalization of the dispute by the civil Court. When the title dispute is pending before the civil Court as between the parties, it is not open to the petitioner herein to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and seek any parallel direction to protect his interest. Any direction to be issued by this Co .....

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