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2021 Supreme(Mad) 300

G.JAYACHANDRAN
J. Vanaja – Appellant
Versus
S. V. Raveendra Sreedharan – Respondent


Advocates Appeared:
For the Appellants :Hema Sampath, Senior Counsel, C.R. Prasanan, Advocate.
For the Respondents:R1, M. Sridhar, R. Bharath Kumar, R2, V. Lakshminarayanan, Advocates.

JUDGMENT :-

(Prayer: First Appeal is filed under Section 96 Civil Procedure Code, against the judgment and decree dated 12.03.2020 in O.S.No.301 of 2018, on the file of the IV Additional District & Sessions Judge’s Court, Coimbatore.)

1. The appeal arise from the judgment and decree passed in the suit for delivery of vacant possession and injunction. The aggrieved second and third defendants are the appellants.

2. The facts of the case a stated in the amended plaint:

The plaintiffs S.V.Chandra Mohan and S.V.Raveendra Sreedharan are the sons of Venkatachalam. The defendants are S.V.Jagadeesan S/o.Venkatachalam, Vanaja W/o. Jagadeesan and Thukila D/o.Jagadeesan. The suit property is 25 cents of land and building thereon. Initially, suit was filed for permanent injunction, alleging that the suit property is part of a larger extent of land comprising 1.50 acres, out of which 25 cents of land and the building thereon was purchased by the plaintiffs Nos.1 and 2 on 04.10.1975. The remaining 1.25 acres of land was purchased by their father Venkatachalam in the name of his other son S.V.Jagadeesan/first defendant. Later, Venkatachalam filed suit against his son S.V.Jagadeesan for declaration of

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