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2012 Supreme(Mad) 3220

ELIPE DHARMA RAO, M.VENUGOPAL
K. Chandrasekara Rao – Appellant
Versus
C. Masilamani – Respondent


Advocates appeared:
For the Appellants:S.V. Jayaraman, Senior Counsel for S. Raghu, Advocate.
For the Respondents:R. Krishnaswami, Senior Counsel for Srinath Sridevan, Advocate.

Judgment :-

M.VENUGOPAL,J.

O.S.A.No.125 of 2008:

1. The Appellants/Plaintiffs have focussed the present Appeal as against the Judgment and Decree dated 26.04.2005 in C.S.No.980 of 1999 passed by the Learned Single Judge.

O.S.A.No.163 of 2008:

The Appellants/Defendants have preferred the present Appeal in weighing the Order dated 26.04.2005 in T.O.S.No.32 of 2000 passed by the Learned Single Judge.

2. The Learned Single Judge, while passing the Common Judgment in C.S.No.980 of 1999 and T.O.S.No.32 of 2000, on 26.04.2005, has, among other things, observed that 'the Ex.P.1-Will dated 03.11.1986 executed by Ramalakshmi Ammal is a true, genuine and valid one and has come to the conclusion that Defendants 5 to 7 have purchased the property when probate was in force for valuable consideration and that they are bona fide purchasers and that revocation of the probate subsequently would not operate as a bar for the title to the property and held that Defendants 5 to 7 cannot be ordered to redeliver the possession of the property to the Appellants/ Plaintiffs.' Also, in regard to the issue "whether notice to the Commissioner, H.R. & C.E. Board is necessary", the Learned Single Judge has come

































































































































































































































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