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2013 Supreme(Mad) 2611

G.RAJASURIA
Meganathan – Appellant
Versus
Vijayakumari – Respondent


Advocates appeared:
For the Appellant:I.C. Vasudevan for R. Nalliyappan, Advocates.
For the Respondents:R1, V. Sekar, Advocate, R2, No Appearance.

JUDGMENT :-

1. This second appeal is focussed by the plaintiff, inveighing the judgement and decree dated 16.10.2012 passed by the learned II Additional Subordinate Judge, Salem in A.S.No.77 of 2012 in reversing the judgment and decree dated 01.02.2012 passed by the learned I Additional District Munsif, Salem in O.S.No.1290 of 2008.

2. The parties, for thesake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

3. Broadly but briefly, narratively but precisely, the germane facts absolutely necessary for the disposal of this second appeal would run thus: a) The plaintiff, who is the appellant in this second appeal, filed the suit seeking the following reliefs, - to declare the order passed by the first defendant in favour of the second defendant vide now assessment No.31068640 Division 25, Door No.130, Leigh Bazaar, Salem as null and void and for costs.

(extracted as such) citing the following property as the suit property:

“TAMIL”

(extracted as such) b)

The warp and woof of the averments in the plaint would run thus: The property described in the schedule of the plaint originally happened to be the ancestral property of























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