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1991 Supreme(Mad) 544

SRINIVASAN
Kasirajan – Appellant
Versus
Ramasamy Nainar – Respondent


Advocates Appeared:
For the Appellant:R. Subramanian, V. Krishnan, Advocates.
For the Respondent:Subramanian, K. Sampath, Hema Sampath, Advocates.

Judgment :-

This appeal arises out of a claim petition filed by the appellants herein under O. 21, R. 58 of the Code of Civil Procedure for raising the attachment over the property set out in the petition, which was item No. 1 of the properties attached by the respondent in execution of the decree obtained by him in O.S. No. 663 of 1982 on the file of District Munsif, Panruti.

2. The appellants are the sons of Ramalinga Padayachi. The said Ramalinga Padayachi his brother Muthu Padayachi and their father Thangavel Padayachi constituted a Hindu joint family owning several properties. Thangavel Padayachi and his two sons borrowed a sum of Rs. 6000/- from the respondent for family purposes on 5-11-1973 and executed a promissory note in his favour. The respondent issued a notice on 24-7-1978 to Thangavel Padayachi and his two sons calling upon them to pay the money due under the promissory note. A reply notice was issued on 2-8-1978. On 17-11-1978 the plaintiffs represented by their mother as guardian filed O.S. No. 762 of 1978 for partition and separate possession of 2/9th share in the suit properties. Thangavel Padayachi was the first defendant in the suit, Muthu Padayachi was the secon





















































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