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2009 Supreme(Mad) 4210

G.M.AKBAR ALI
Deivanai Ammal (Died) & Others – Appellant
Versus
Periasamy @ Sambagounder & Others – Respondent


Advocates appeared:
For Appellants:M.V. Krishnan, Advocate. For Respondents:V. Raghavachari, Advocate.

Judgment :-

In S.A.No.1551 of 1997, the first defendant is the appellant. The appeal is preferred against the decree and judgment made in A.S.No.79 of 1996, dated 06.08.1997, on the file of the learned Principal District Judge, Dindigul, modifying the decree and judgment in O.S.No.63 of 1995, on the file of the learned District Munsif-cum-Judicial Magistrate, Vedasandur. The appellants are the Legal Representatives of the first defendant.

2.In S.A.No.1552 of 1997, the plaintiff is the appellant. The appeal is preferred against the decree and judgment made in A.S.No.80 of 1996 dated 06.08.1997, on the file of the learned Principal District Judge, Dindigul, setting aside the decree and judgment made in O.S.No.132 of 1995, on the file of the learned District Munsif-cum-Judicial Magistrate, Vedasandur, dated 29.01.1996. The appellants are the Legal Representatives of the plaintiff.

3.The Suit in O.S.No.63 of 1995 was filed by the respondents 1 & 2 for declaration of title and for consequential injunction regarding the first schedule property in S.No.781/1, for an extent of 4 acres 68 cents and for recovery of possession in the above survey number for an extent of 20 x 10 ft. The suit in















































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