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2013 Supreme(Mad) 577

M.DURAISWAMY
Pugazhenthi – Appellant
Versus
Sundari Ammal – Respondent


Advocate Appeared:
For the Appellants:N. Suresh, Advocate.
For the Respondents:R6, Ravichandran, R5 & R9, A.P. Neelamega Vannan, Advocates, R1 to R4, No appearance, R7 & R8, Ex parte in lower Court.

JUDGMENT

1. First Appeal filed under Section 96 of the Code of Civil Procedure against the judgment and decree of the Principal District Judge, Villupuram, made in O.S.No.5 of 2007 dated 07.06.2010.

The above first appeal arises against the judgment and decree in O.S.No.5 of 2007 on the file of the Principal District Judge, Villupuram.

2. The plaintiffs are the appellants, the respondents 1 to 8 were the defendants and the ninth respondent, who is the purchaser of the suit schedule properties, was impleaded in the above appeal.

3. The plaintiffs filed the suit in O.S.No.5 of 2007 for partition, separate possession, to declare the documents created by the defendants viz., Partition Deed dated 24.07.2006 and the Sale Deeds created by the defendants 1 to 4 in pursuance of the said Partition Deed in favour of third parties are void ab initio and for permanent injunction.

4. The brief case of the plaintiffs are as follows:

(i) According to the plaintiffs, one Govindasamy Kounder had one daughter and one son viz., the second plaintiff and Ramachandra Kounder respectively. The said Govindasamy Kounder died intestate in the year 1975. The first defendant is the mother of the first plain























































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