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2002 Supreme(Mad) 143

P.D.DINAKARAN, S.JAGADEESAN
Atika Begum – Appellant
Versus
Haji A. A. M. Abdulla – Respondent


Advocates Appeared:
Mr.R.A.Ahamed, Advocate for Appellants. Mr.R.Alagar, Senior Counsel for Mr.S.Desikan for Respondents 1 to 5. Mr.A.A.S.Mustafa , Advocate for Respondents Nos.6, 38, 56 and 57; Mr.Ikram Mohammed, Advocate for Respondents Nos 10 and 11; Mr. Syed Aslam, Advocate for Respondents Nos 12,22,34 and 43 to 47; Mr.Syed Ismail, Advocate for Respondents Nos.13 and 19; Mr.J.Feroz Khan, Advocate for Respondents Nos. 41,58,59 and 64 to 66; Mr.Syed Ali Ahamed , Advocate for Respondent No.25; Mr Ashfaq Ravi, Advocate for Respondent No.39

Judgment :-

P.D.Dinakaran,J.

1. Heard both sides.

2.1. The above appeal is directed against the judgment and decree dated 22.6.1981 and 10.7.1981 made in C.S.No.118 of 1975.

2.2. For the purpose of convenience the parties are referred to as arrayed in the suit.

2.3. Theappellants are the defendants in the suit.

2.4. The plaintiffs, namely respondents 1 to 5 herein filed the above suit for division of the plaintiffs' 11315.87 shares out of 40254.87 shares in the suit property by metes and bounds and for delivery of possession thereof.

3. The suit property consists of land, market, bazaar, stalls, houses and other superstructure, known as Parachery Market, situated on the western side of Govindappa Naicken Street, Madras-1, having Municipal Door Nos.111, Govindappa Naicken Street, 1 to 5 Appaswamy Koil Street, 43, Amman Koil Street and 19 to 28, Appaswamy Mudali Street, measuring about 1 Cawnie 6 grounds and 1666 sq.ft., out of which, Mosque portion and superstructure - bearing Door No.5 and 20 in Appaswamy Mudali Street are excluded. Admittedly, the value of the shares of the property is described in terms of rupees. The identification of the suit property is not disputed betwee


























































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