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2017 Supreme(Mad) 3445

A.SELVAM, P.KALAIYARASAN
M. Subramaniam @ M. S. Mani – Appellant
Versus
S. Ravichandran – Respondent


Advocates Appeared:
For the Appearing Parties : A. Thiyagarajan, K. Srinivasan, S. Rameshkumar, T.R. Rajagopalan, K. Vignesh Karthick, R. Prabhakar, M/s. P.T. Asha, M/s. Sarvabhauman Associates

JUDGMENT :

A. Selvam, J.

1. Challenge in these Appeal Suits is to the common judgment and decrees dated 03.01.2014 passed in O.S.Nos.327 and 328 of 2013, by the Principal District Court, Tiruppur.

2. The respondents 1 and 2 in A.S.No.221 of 2014, as plaintiffs, have instituted Original Suit No. 328 of 2013, on the file of the trial Court, praying to pass a preliminary decree of partition to an extent of 2/4 shares of the plaintiffs and also praying to cancel the release deed dated 26.07.2004 and also for the relief of permanent injunction, wherein, the present appellants and remaining respondents have been arrayed as defendants.

3. The appellant in A.S.No.220 of 2014, as plaintiff, has instituted O.S.No.327 of 2013, on the file of the trial Court for the reliefs of declaration and recovery of possession, wherein, the present respondents have been arrayed as defendants.

4. The material averments made in the amended plaint filed in O.S.No.328 of 2013 can be summarised as follows:

The plaintiffs are the son and daughter of the first defendant, born through his first wife. The second defendant is the second wife of the first defendant and third defendant is their minor son. The family of the





































































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