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2019 Supreme(Mad) 1246

M.M.SUNDRESH, KRISHNAN RAMASAMY
B. Saroja Ammal (Deceased) – Appellant
Versus
Murali Doss – Respondent


Advocates:
Advocate Appeared:
K.P.H. Thulasi Raman, S. Prem, T.V. Krishnamachari.

JUDGMENT :

KRISHNAN RAMASAMY, J.

1. This Original Side Appeal has been preferred against the judgment and decree dated 30.07.2007, passed by the learned Single Judge in C.S. No. 769 of 1998, in and by which, the suit filed by the first respondent is partly allowed.

2. The appellants herein are the defendants 1, 3, 4 and 6, the first respondent is the plaintiff and the respondents 2 and 3 are the defendants 2 and 5 in the above said Civil Suit. First defendant is the mother of the plaintiff and defendants 2, 3, 4 are his sisters and the fifth defendant is the son of his deceased sister and the sixth defendant is his younger brother.

3. The plaintiff filed the suit for the relief of declaration and permanent injunction.

4. The case of the plaintiff/first respondent is as follows:-

(i) The suit property originally belonged to one R.S.P. Naidu, who had two wives. His first wife predeceased him. However, he had no issues out of first wedlock. The said R.S.P. Naidu, while working in Burma had close association with Balaramam. Evenafter their return to India, their friendship continued to be so. Since the R.S.P. Naidu had no issues despite his second marriage with Dhanammal, himself and his wif












































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