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2006 Supreme(Mad) 451

M.CHOCKALINGAM
S. P. Sankar – Appellant
Versus
S. P. Subramani – Respondent


Advocates:
Krishnaswamy, Sr. Counsel for C. Ramesh, for Applicants; V. Raghavachari (for No. 1), K. P. Ashok (for No. 2), R. Shammugam (for No. 5), for Opposite parties.

ORDER :- This application is made by the plaintiffs seeking appointment of an Advocate Receiver to take charge of the property described in the Schedule to the plaint, collect the rents and deposit the same into Court to the credit of C.S. No. 562 of 2004 filed by the plaintiffs for the relief of recovery of possession of the suit property from the defendants along with a direction to the first defendant to pay to the plaintiff a sum of Rs. 23,40,000/- being the arrears of damages for illegal use and occupation together with interest thereon.

2. Affidavit in support of the application and the counter-affidavit are perused. The Court heard the learned Counsel for the applicants/plaintiffs and also for the respondents/defendants.

3. According to the plaintiffs, the suit property originally belonged to one Raju Mudaliar, who died issueless on 8-7-1956 leaving behind his two brothers Duraisamy Mudaliar and Ratnam Mudaliar, and his widow Kuppuratnammal, and his mother. The said Raju Mudaliar executed a Will on 19-12-1948 bequeathing the plaint Schedule property to his wife for her lifetime and thereafter to be enjoyed by the children of his brother Ratnam Mudaliar, absolutely. One Shanmug











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