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2021 Supreme(Mad) 1982

R.HEMALATHA
Ayyasamy Udyar (died) – Appellant
Versus
Munusamy – Respondent


Advocate Appeared:
For the Appellant :G. Sumitra, Advocate.
For the Respondent:P. Valliappan for M/s. Sarvabhuman Associates, Advocates.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 14.09.2007 passed in A.S. No.83 of 2005, on the file of the Sub Court, Kallakuruchi, partly reversing decree and judgment dated 20.01.2005 passed in O.S. No.75 of 1999, on the file of the I Additional District Munsif, Kallakuruchi.)

1. The unsuccessful plaintiff before both the courts below has filed the present second appeal. During the pendency of this appeal, the appellant died. Therefore, his legal heirs were impleaded as appellants 2 to 8.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and in appropriate places, their ranking in the present appeal would also be indicated.

3. The case of the plaintiff is that the suit properties were his ancestral properties and patta Ex.A1 was also issued in favour of his father late Irusappa Udayar in respect of the suit properties and other properties. The plaintiff, being the legal heir of late Irusappa Udayar, took possession of the properties. According to him, the first defendant, with an illegal intention of destroying the ridge between the properties of the plaintiff and the defen

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