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1993 Supreme(Mad) 16

THANGAMANI
Arappa Gounder – Appellant
Versus
Chithan and others – Respondent


Advocates:
K.Chandramouli, Senior Counsel, for Mls. R. Muthukumaraswamy and R.Thangavelu, for Appellant. V. Narayanaswami, for S.Radhakrishnan, for Respondent No.2.

Judgment :

One Arappa Gounder, the appellant in both the second appeals and the petitioner in W.P.No.4896 of 1983 is the plaintiff in O.S.No.484 of 1971 and O.S.No.108 of 1975 on the file of learned Subordinate Judge of Erode. While the subject matter of dispute in the earlier suit is the southern A.C.3.02 1/2 in S.F.No.268 and the southern A.C.6121/2 in S.F.No.269, the disputed property in the next action is an extent of A.C.3.04 1/2 in the northern most part of S.F.Nos.268 and 269 of Sankarapalayam village, Bhavani Taluk. The entire extent which is stated to be of A.C.I 2.19 1/2 originally belonged to four brothers viz. Maran,. Raman, Lakshmanan and Chinna Maran who are the sons of one Kuppan. There was no partition of this property among the brothers but each one was enjoying a specific portion for the sake of convenience. Kuppan died in the year 1963. On the basis of a promissory note executed by him, one Than-davan filed O.S.No.114 of 1966 on the file of learned Subordinate Judge, Erode and obtained a decree on 14. 1967 against the three sons Maran, Raman and Chinna Maran and the legal representatives of the last son Lakshmanan, who was dead by then. In execution of the said de



























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