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2004 Supreme(Mad) 432

M.CHOCKALINGAM
K. Gnanaprakasom Nadar (died) L. Rs. & Others – Appellant
Versus
Ayyappan Asari & Others – Respondent


Advocates Appeared:For The Petitioners:Godwin, Advocate. For The Respondents:R1 & 2 nandavalli, Advocate. No appearance - RR3, 4 & 5.

Judgment :-

This second appeal has been brought forth by the plaintiff in a suit for partition and for demarcation of the property, aggrieved over the judgment of the learned Subordinate Judge, Padmanabhapuram, made in A.S.No.41 of 1992 wherein the judgment of dismissal by the trial Court was affirmed.

2. The following facts are noticed in the pleadings of the parties:

The plaintiff, who was originally the sole appellant before this Court, sought for the relief of partition in respect of his 14 cents of land described in the plaint Schedule and for demarcation of the said area of land and to put up surrounding boundaries and survey stones, alleging that he purchased 10 cents from one Raghava Asari and 4 cents from one Thavasi Asari, both on 3.7.1975, by two registered sale deeds; that he was in possession of the said 14 cents; that there is no demarcating boundary for the said area; that in view of the same, there was dispute between the plaintiff and the defendants, and thus, it became necessary to partition the said area, and demarcation should be done in that regard.

3. The defendants 3 to 5 remained ex-parte before the trial Court. The suit was resisted by the defendants 1 and 2 s










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