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2010 Supreme(Mad) 4493

M.VENUGOPAL
Nanja Reddy (deceased) – Appellant
Versus
Ramappa Naidu – Respondent


Advocates Appeared:
For the Petitioners:Mrs. P. Veena For M/s. T.R. Rajaraman, Advocate.
For the Respondents:R1 to R4 - V. Raghavachari, Advocate.

Judgment :-

1. The Appellants have filed the present Second Appeal as against the Judgment and Decree dated 27.09.1996 in A.S.No.75 of 1996 on the file of the Learned Sub Judge, Hosur.

2. The First Appellate Court, viz., the Learned Sub Judge, Hosur, while passing Judgment in A.S.No.75 of 1996, has, among other things, observed that it is not to be known that the Plaintiffs are in enjoyment of the suit properties as one property and on the basis of Commissioners Report and Plan, the Plaintiffs are not entitled to get the relief of permanent injunction and further that the Plaintiffs have not proved that they are in separate enjoyment of the suit properties.

3. Also, the First Appellate Court has opined that as far as the present case is concerned, the partition mentioned by Defendants 1 to 5 have been held to be true and therefore, the other Defendants have got a right to sell it to the 1st Defendant which cannot be injuncted by the Plaintiffs and all the more since Venkata Reddy possessed only 8 acres of punja land and each to their share has got 4 acres in partition, as seen from the oral evidence and further that it is not established that Venkata Reddy has separate income etc.,















































































































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