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2016 Supreme(Mad) 271

G.CHOCKALINGAM
Atul Kapur – Appellant
Versus
Arun Kapur – Respondent


Advocates Appeared:
For the Plaintiff : Mr. T.V. Ramanujan, Senior Counsel and Mr. C. Rajan.
For the Defendant : Mr. A. Ramesh Kumar and Mr. A.S. Baalaji.

JUDGMENT :

G. CHOCKALINGAM, J.

1. The Civil Suit is filed by the plaintiff praying for judgment and decree against the defendants:-

(a) For partition of the immovable property described in the schedule hereunder and put the plaintiff in separate possession of 11014/28284 share of the plaintiff by metes and bounds:


(aa) For a declaration that the release deed dated 01.04.2002 registered as Document No. 646 of 2002 in the office of the Sub-Registrar, Periamet, is brought about by fraud and undue influence and is illegal, inoperative and unenforceable and not intended to be a release deed, for cancellation of the said document, and direction to the Sub-Registrar, Periamet, to make entry of such cancellation in the Register. (Amended as per order dated 05.01.2006 in A. No. 1638 of 2005)

(aaa) For Permanent injunction restraining Mrs. Anu Kapur not to interfere with the plaintiff's possession of the pent house 9-A at 52 Taylors Road, Kilpauk, Chennai - 10 and also restraining the defendants from in any way encumbering or alienating the property pent house 9-A situated at 52 Taylors Road, Kilpauk, Chennai - 10. (Amended as per order dated 23.10.2009 in Application No. 5470 of 2009).

(b) Direc





























































































































































































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