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1960 Supreme(Mad) 278

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


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M. Natesan, Adv.
For Respondents/Defendant: V.C. Veeraraghavan, G. Ramanujam, V. Ramaswami, S.V. Padhmanabhaswami and V. Narayanaswami, Advs.

ORDER

Ramachandra Iyer, J.

1. This application is filed under Section 24 C. P. C. 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. No. 35 of 1958 on its file. The petitioners who are the sons of the third respondent, and respondents 1 and 2 are descended from a common ancestor. The former claimed that they were members if 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 clamed. Sometime 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 Cr. P. C. 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 inv




































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