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2008 Supreme(Mad) 4613

A.SELVAM
M. Subbiah – Appellant
Versus
T. Subbiah – Respondent


Appearing Advocates:
For the Petitioner:R.S. Ramanathan, Advocate.
For the Respondents:V. Sri Balaji, Advocate.

JUDGMENT

(Prayer: Second appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 13.11.2000 passed in A.S.No.49 of 1999 by the Second Additional District Court, Tirunelveli, confirming the judgment and decree dated 25.04.1996 passed in O.S.No.201 of 1991 by the Principal Subordinate Court, Tirunelveli.)

Challenge in this second appeal is to the concurrent judgments passed in Original Suit No.201 of 1991 by the Principal Subordinate Court, Tirunelveli and in Appeal Suit No.49 of 1999 by the Second Additional District Court, Tirunelveli.

2. The appellant and respondents 4 to 8 herein as plaintiffs have instituted Original Suit No.201 of 1991 on the file of the trial Court, for the reliefs of declaration and perpetual injunction, wherein the present respondents 1 to 3 have been shown as defendants.

3. It is averred in the plaint that the plaintiffs are brothers and sisters. The plaintiffs 1 & 2 are the children of the deceased Moondruyugam born through is first wife by name Vasantha and the remaining plaintiffs are the children of the said Moondruyugam born through his second wife by name Parvathy. The first defendant is the husband of the second def













































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