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2015 Supreme(Mad) 105

S.NAGAMUTHU
Subramaniya Udayar (Died) – Appellant
Versus
Masilamani Udayar – Respondent


Advocates Appeared:
For the Appellants:S. Nagarajan, Advocate.
For the Respondent:N. Mala, Advocate.

JUDGMENT

S. NAGAMUTHU, J.


1. The suit in O.S. No. 21 of 1999 on the file of the learned Principal District Munsif, Gingee was filed by the respondent herein. One Mr. Subramaniya Udayar was the sole defendant in the suit. The said suit was filed for declaration of title and for recovery of possession of "B" schedule property. The learned Principal District Munsif by decree and judgment dated 30.04.2008 dismissed the suit. As against the same, the respondent herein filed an appeal in A.S. No. 28 of 2008 before the learned Subordinate Judge, Gingee. During the pendency of the said appeal, the sole defendant Mr. Subramaniya Udayar passed away and therefore, the appellants 1 to 6 herein were brought on record as the legal representatives of Mr. Subramaniya Udayar. The First Appellate Court by decree and judgment dated 30.09.2011 allowed the appeal thereby setting aside the decree and judgment of the trial Court and decreed the suit as prayed for. Challenging the same, the appellants are before this Court with this second appeal.

2. This appeal has come up today for admission after repeated adjournments. I have heard the learned counsel for the appellants and the learned counsel for the re

















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