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R. PON KARTHIKEYAN (ADVOCATE)     17 August 2010

Judgment and decree

An injunction restraining the defendant from alienating the suit property was ordered by the trial court in its final order,but in the decree the trial court granted the relief that , the defendant  not to interfere or disturb the plaintiff with his  peaceful possession of the suit property..Appeal was also dismissed..now i have preferred Revision..i am the defendant and the owner of the suit property...can anyone please advice me how to set aside the order of the trial court...



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 3 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 August 2010

your querry is not clear.

R. PON KARTHIKEYAN (ADVOCATE)     20 August 2010

sir ,application filed under 0 39 r 1 of cpc, the prayer in the petition is, restraining the respondent from in any manner alienating or encumbering the suit property, after enquiry the trial court allowed the petition the same relief was granted in its final order but the trial court in its decree without application of mind granted the following relief...restraining the respondent from interfering with the peaceful possession of the petitioner in the suit property which relief is not at all claimed by the petitioner either in the petition or plaint...

as against the above fair and decreetal order i preferred an appeal that was dismissed, now i have preferred a revision before the highcourt..so i need some valuable suggestions to set aside the above decree and fair order passed by the trial court... i am the owner of the property and defendant in the suit....suit is for a declaration declaring the sale deed as null and void..sir i think ..my querry is clear now...

Raghav Sood (Lawyer)     24 August 2010

 it is a fit case for exercising revisional jurisdiction as the trial court as well as the appelete court has erred in law and had  make out a new case/reliefs which were never pleaded by the plaintiff coz and courts cannot travel or verdict beyond the pleadings and prayer but per contra trial court can also mould the reliefs depends upon the facts and circumstances of the case


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