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2011 Supreme(Mad) 305

R.S.RAMANATHAN
P. Lakshmanan – Appellant
Versus
P. Arumugam (Died) – Respondent


Advocates Appeared:
For the Petitioners:B. Soundrapandian, Advocate.
For the Respondent:R2 - V. Nicholas, R6 to R10, R12 to R14 - R3 to R7 & R9 to R11 - K. Kalyansundaram, Advocates.

JUDGMENT :-

1. The plaintiffs in O.S.No.2514 of 1993 on the file of the I Additional District Munsif Court, Coimbatore are the appellants.

2. The plaintiffs filed the suit for injunction stating that the suit property and other properties belonged to the 4th defendant ancestrally and the total extent of the properties owned by the family was an extent of 60 x 90 feet and thereafter there was a partition in the family and in that partition the 1st plaintiff was allotted an extent of 60 x 30 feet of property and the 1st plaintiff constructed a house in that property and is enjoying the same. As the defendants attempted to interfere with the plaintiffs right to the suit property, the suit was filed for injunction.

3. The defendants 1 to 3 filed a statement denying the oral partition and also the enjoyment of the property by the 1st plaintiff. The 4th defendant also filed the separate statement stating that the property is his self acquired property and the 1st plaintiff can not claim any right in the property and the 4th defendant sold an extent of 30 x 30 feet to the 3rd defendant under a registered sale deed dated 30.11.1993 and the remaining properties are in the possession of the 4th
















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