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1960 Supreme(Mad) 291

RAMACHANDRA.IYER
Kochadai Naidu – Appellant
Versus
Nagayasami Naidu – Respondent


Advocates:
M. Natesan, for the Petitioners.
V.C. Veeraraghavan, G. Ramanujam, V. Ramaswami, S.V. Padmanabhaswami and V. Narayanaswami, for the Respondents.

Order

This application is filed under section 24, Civil Procedure Code, for the transfer of the proceedings in M.C.No. 8 of 1957 on the file of the District Munsif’s Court, Periakulam, to the Sub-Court, Dindigul, to be tried along with O.S. N0.35 of 1958 on its file. The petitioners who are the sons of the 3rd respondent, and respondents 1 and 2 are descended from a common ancestor. The former claimed that they were members of a joint Hindu family with the latter. Respondents 1 and 2, however, state that the 3rd respondent had been taken in adoption by a divided paternal grand uncle of theirs, and that there is no such coparcenary as claimed. Some time ago disputes ensued between the parties in regard to the possession of certain properties, and they assumed such proportions as to threaten a breach of the peace. The police, thereupon, initiated proceedings under section 145, Criminal Procedure Code, against both the parties before the Executive First Class Magistrate, Usilampatti, in M.C. No. 8 of 1957. The Magistrate attached the properties and forbade either party from entering them. After examining a few witnesses, the Magistrate felt that the matter was one where the questions






















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