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2019 Supreme(Mad) 1798

R.PONGIAPPAN
S. Selvarajan (Died) – Appellant
Versus
R. Saraswathi (died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.P. Senthi.
For the Respondents: P.T.S. Narendravasan, Pala Ramasamy.

JUDGMENT :

R. PONGIAPPAN, J.

Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree passed by the Principal District Judge at Madurai dated 26.08.1999, passed in A.S. No. 34 of 1998, reversing the judgment and decree in O.S. No. 1460 of 1993 dated 13.11.1997 on the file of the III Additional Sub-Judge, Madurai.

1. This second appeal is directed against the judgment and decree passed in A.S. No. 34 of 1998 on the file of the learned Principal District Judge, Madurai. In earlier, the respondents 1 to 5 in this appeal filed a suit in O.S. No. 1460 of 1998 on the file of the Third Additional Subordinate Judge, Madurai, seeking the relief of declaration declaring that the plaintiffs are entitled to western half in suit item 1 and undivided half of items 2 and 3 and consequently, restraining the first defendant from seeking the third defendant for transferring the registry in his name exclusively to the entire suit items 1 to 3 constituted as house bearing Door No. 20, Andavan Kovil Street, Tirumangalam and also to restrain the third defendant from effecting registry kept in his office exclusively in the name of the first defendant in

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