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2016 Supreme(Mad) 881

C.S.KARNAN
Suseela – Appellant
Versus
R. S. Murugesan – Respondent


Advocates Appeared:
For the Appellants : Mr. D. Rajkumar
For the Respondents:Mr. T. Srinivasaraghavan for R1 to R10, Mr. R. Velmurugan Government Advocate for R11, R12

JUDGMENT :

The history of the case are as follows:-

The suit in O.S. No. 9 of 2008 on the file of the Additional District Munsif was filed by M.R.S.R. Krishnan and 5 others for declaration of the patta issued by the defendant No. 3 & 4 in favour of defendant No.1 & 2 for the suit property are null and void and for permanent injunction restraining the defendant 1 to 4 and their men not to interfere in the peaceful possession and enjoyment of the suit property of the plaintiff. The 1st plaintiff is no more. In his place his legal heirs have added as plaintiff nos.7 to 12. Likewise 1st defendant namely S.K.R. Durairaj had died and in his place his legal heirs have been added as defendant nos. 23 to 26. The suit filed by the plaintiffs was dismissed by the trail court vide judgment and decree dated 30.11.2010. As against the same, appeal in A.S.No.54 of 2011 on the file of Sub court, Devakottai was filed. During the pendency of the appeal, the 2nd respondent/2nd defendant died. Therefore his legal heirs have been arrayed as respondents in the appeal as respondent nos.27 to 31. The appellate court by judgment dated 04.01.2013 allowed the appeal and decreed the suit. Therefore the unsucces




















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