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2019 Supreme(Mad) 2100

S.S.SUNDAR
E. U. Sathiyanesan – Appellant
Versus
A. J. Sathiyanesan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.R. Jeya Rhuthran, Advocate
For the Respondents:K.N. Thambi, Advocate

ORDER :

S.S. Sundar, J.

1. This Civil Revision Petition is filed by the revision petitioner, who is the second defendant in the suit in O.S. No. 177 of 2008, as against the order dated 06.06.2013 passed in I.A. No. 88 of 2012 in O.S. No. 177 of 2008 by the learned Additional District Munsif, Eraniel.

2. The brief facts, which are necessary for the disposal of this revision, are as follows:-

    (i). The first respondent in the Civil Revision Petition, as plaintiff has filed a suit in O.S. No. 177 of 2008 on the file of the Additional District Munsif Court, Eraniel, for declaration that the gift deed, vide document No. 1298 of 1981 of Manavalakurichy Sub Registrar, is to be declared as a fraudulent and void document and to set aside the same. The suit is also for consequential permanent injunction restraining the defendants from making any encumbrance over the plaint schedule property.

(ii). The case of the plaintiff in the suit is that the property originally belonged to one John Pillai Sathyanesan @ J.P. Sathyanesan, S/o. Sathyanesan. It is stated that the said John Pillai Sathyanesan during his life time executed a registered Will, which is also registered as document No. 95 of 1978 befor

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