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2018 Supreme(Mad) 630

J.NISHA BANU
Ebenezer Vasekaran Edward – Appellant
Versus
Kezia G. Edward – Respondent


Advocates Appeared:
For the Appellant :G. Ramanathan, Advocate.
For the Respondents:M.P. Senthil, Advocate.

JUDGMENT :

1. This appeal suit has been filed by the appellant / plaintiff against the judgment and decree, dated 06.10.2016, passed in O.S.No.113 of 2015 by the learned District Judge, Kanyakumari District at Nagercoil.

2. For better appreciation, the rank mentioned in the Court below are taken up.

3. The brief facts which are necessary to decide this appeal are as follows :

The plaintiff is the son of the 1st defendant and brother of the 2nd and 3rd defendants. The 4th defendant is the daughter of the 2nd defendant. According to the plaintiff, the plaint schedule properties originally belonged to his father and after his death, the plaintiff and the defendants 1 to 3 have been enjoying the same as joint owners. While so, the defendants 1 and 2 attempted to alienate item No.1 of the plaint schedule property through forged documents. Hence, he has filed the suit for partition of the plaint schedule properties, declaration of the Will and Settlement deed as null and void, and for permanent injunction restraining the defendants 1, 2 and 4 from alienating the suit properties. At the time of filing the suit, the plaintiff has failed to state the correct address of the 3rd defendant, who wa










































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