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1973 Supreme(Mad) 365

P.R.GOKULAKRISHNAN
K. Ramalingam and others . . – Appellant
Versus
K. N. Krishna Reddi and another – Respondent


Advocates:
N. Vanchinathan, for Petitioners.
Nainar Sundaram, for Respondents.

Order.- Defendants 2 to 4 are the appellants in the second appeal. The first respondent therein filed O.S. No. 370 of 1968, on the file of the Court of the District Munsi of Sholinghur for declaration of his title to the suit property and for possession alleging that he purchased the property from the appellant’s father on 5th September, 1967. The appellant’s father is dead. The appellants resisted the suit contending inter alia that the sale deed has not been executed by them and that the said deed is vitiated by fraud and misrepresentation. The trial Court dismissed the suit. On appeal, the lower appellate Court decreed the suit. Aggrieved by the said decision of the lower appellate Court, defendants 2 to 4 have come up in second appeal.

2. Along with the second appeal, the appellants filed C.M.P. No. 3428 of 1973 for grant of interim stay alleging that they are in possession of the suit property and that in order to protect their possession stay of the operation of the decree of the lower appellate Court has to be granted. This Court granted interim stay on 27th March, 1973, while admitting the second appeal.

3. The respondent in the second appeal filed C.M.P. No. 4849 of 1973 for



























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