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2014 Supreme(Mad) 3108

T.MATHIVANAN
C. Ponnusamy – Appellant
Versus
Dhanalakshmi – Respondent


Advocates Appeared:
For the Appellants :S.V. Jayaraman, Senior Counsel, R. Balasubramanian, Advocate.
For the Respondents:R1 & R2, S.K. Rakhunathan, Advocate, R3, Died.

Judgment :

1. This memorandum of second appeal has been directed against the judgment and decree dated 10.12.2004 and made in A.S.No.18 of 2004 on the file of the learned Subordinate Judge, Tiruppur, reversing the judgment and decree dated 30.1.2004 in O.S.No.574 of 1996 on the file of the learned District Munsif, Tiruppur.

2. The appellants herein are the defendants 2 to 4 in the suit in O.S.No.574 of 1996 on the file of the learned District Munsif, Tiruppur. When the suit was filed, the third appellant herein/4th defendant in the suit was a minor and as such he was represented by the first appellant herein being his father and guardian. It appears that during the pendency of the second appeal, the third appellant has attained majority and therefore, in view of the order passed by this Court dated 14.8.2014 and made in CMP.Nos.298 and 299 of 2014, he was declared as major and the first appellant was discharged from his guardianship. Similarly, the third respondent herein who is the first defendant in the suit had passed away and therefore, the first appellant and the respondents 1 and 2 herein have been recognized and recorded as the LRs of the third respondent/first defendant bas










































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