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2012 Supreme(Mad) 3482

M.VENUGOPAL
Kaliappan (Died) – Appellant
Versus
A. K. Somasundaram – Respondent


Advocate Appeared:
For the Appellants:Ms. A. Nilaphar, M/s. R. Subramanian, Advocates.
For the Respondents:Died, R2 & R4, R. Babu, M/s. B. Kumaraswamy, Advocates, R3, Served (No Appearance).

Judgment :-

1. The Appellants/Defendants 1 to 3 have preferred the instant Second Appeal as against the Judgment and Decree dated 08.11.1996 in A.S.No.124 of 1995 passed by the Learned Subordinate Judge, Gobichettipalayam, in confirming the Judgment and Decree dated 25.11.1993 in O.S.No.155 of 1992 passed by the Learned District Munsif, Gobichettipalayam.

2. During the pendency of the Second Appeal, the 1st Appellant/1st Defendant expired on 29.06.2001. Upon his death, the Appellants 4 and 5 have been brought on record as Legal Representatives of the deceased 1st Appellant.

3. Likewise, during the pendency of the Second Appeal, 1st Respondent/1st Plaintiff died on 20.09.2010 and the 4th Respondent has been arrayed as his Legal Representative.

4. The First Appellate Court viz., the Learned Subordinate Judge, Gobichettipalayam, while passing the Judgment in A.S.No.124 of 1995 [filed by the Defendants as Appellants] on 08.11.1996, has, inter alia, opined that 'based on Exs.A.7 to A.9, the Appellants/Defendants appears to have no manner of legal right in the suit properties. But as per the aforesaid documents, they can enjoy the suit property till the life-time of Pavakkal and further t

















































































































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