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2020 Supreme(Mad) 2117

S.S.SUNDAR
Chelladurai – Appellant
Versus
Sudalaimuthu – Respondent


Advocates Appeared:
For the Appellant : H. Arumugam
For the Respondent: M.P. Senthil, R. Balakrishnan and J. Gunaseelan Muthiah, Additional Government Pleader

ORDER :

S.S. Sundar, J.

1. The legal heirs of the plaintiff in the suit in O.S. No. 151 of 2008 on the file of the Principal Sub Court, Tirunelveli, are the appellants in the above Second Appeal. The plaintiff and his legal heirs in the suit are also the revision petitioners.

2. The second appeal is against the concurrent judgment and decree of the lower Courts in O.S. No. 151 of 2008 and A.S. No. 15 of 2015. The Civil Revision Petition is directed against the dismissal of petition filed by the first petitioner in the Civil Revision Petition under Section 47 C.P.C.

3. The brief facts leading to the above Second Appeal and Civil Revision Petition are as follows:

3.1. The husband of first appellant by name Thiru. Chelladurai filed the suit in O.S. No. 151 of 2008 on the file of the Principal Subordinate Court, Tirunelveli, to set aside the judgment and decree in O.S. No. 106 of 2007 on the file of the First Additional Sub Court, Tirunelveli, dated 28.08.2007 as the same is invalid and null and void and for permanent injunction restraining the second defendant in the suit from alienating or creating any encumbrance over the suit property on the basis of the judgment and decree in O.S. No.

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