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2012 Supreme(Mad) 747

R.BANUMATHI, S.VIMALA
Mohana – Appellant
Versus
Nirmaladevi – Respondent


Advocates Appeared:
For the Appellants:T. Dhanyakumar, Advocate.
For the Respondents:R2 & R4 - C. Jagadeesh, R3 & R5 - K. Narasimhan, Advocates.

Judgment :-

R.BANUMATHI,J

1. Challenge in this appeal is, the dismissal of Pauper O.P.No.10 of 2010 on the file of Principal District Court, Namakkal, whereby the trial Court declined to grant leave to sue as informa pauperis. The plaintiffs are the appellants.

2. The appellants and the respondents are related as under:

Komaragounder |

|| |

KumarasamyChinnusamy Marappan(R2)

| |

| |

| ----------------------

| | |

| M.Balasubramaniam M.Durairaj

| (R3) (R4)

| B.Uma(R5)

| (wife of R3)

|||

MohanaKavitha Nirmaladevi

(1st Appellant) (2nd Appellant) (1st respondent)

3. The case of appellants is that the appellant and 1st respondent's father Chinnusamy lived as joint family and there was partition in the family on 26.10.1998. The father of appellants and 1st respondent became entitled to 1/4th share in the property. Father of appellants and 1st respondent died due to electrocution and thereafter the appellants and their sister viz., the 1st respondent were under the control of respondents 2 to 4. Respondents 2 to 4, being their father's brother and sons, were managing the affairs of the family. Further case of plaintiffs is that under the guise of raising money for the marriage of the


















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