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2009 Supreme(Mad) 3109

G.RAJASURIA
Dorairaj – Appellant
Versus
Doraisamy & Others – Respondent


Advocates Appeared:
For the Petitioner:T.R. Mani, Senior counsel assisted, Gowtham, T.R. Rajaraman, Advocate.
For the Respondents:R. Kannan, M.S. Krishnan, Senior counsel, Mythili Suresh, S.V. Jayaraman, Senior counsel, S. Silambanan, Senior counsel for M/s. C. Uma, Advocates.

Judgment :-

These two second appeals have been filed by the second defendant animadverting upon the common judgment and decrees dated 26.09.1995 passed by the learned I Additional District Judge, Tiruchirapalli in A.S.No.160 of 1994 and A.S.No.161 of 1994 in modifying the judgment and decree dated 29.04.1992 passed by the learned Subordinate Judge, Ariyalur in O.S.No.99 of 1987. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. Broadly but briefly, narratively but precisely, the plaintiffs case as stood exposited from the plaint and other records could be epitomised thus:

(i) One Pallikoodathan had three sons, viz., Chidambaram, Sengan (D1) and Natesan. Sengan (D1) had four children, viz., three sons and one daughter viz., deceased Rajakannu, Duraisamy the plaintiff herein, Durairaj (D2) and Mookayee (D8). D9 to D14 are the children of D2 and Rajathi; Deceased Rajakannu and his wife Papathi (D3) gave birth to D4 to D7; the relationship among the parties is an admitted one.

(ii) During the pendency of the suit D1 Sengan died. Whereupon his daughter D8 Mookayee was also added and his other legal representatives



















































































































































































































































































































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