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2022 Supreme(Mad) 66

R.PONGIAPPAN
Balaraman – Appellant
Versus
Vasudevan – Respondent


Advocates Appeared:
For the Appellant :T.S. Baskaran, Advocate.
For the Respondents: R. Sripriya, V. Raghavachari, Advcoates.

JUDGMENT :

Prayer: The Second Appeal is filed under Section 100 of C.P.C. against the Judgment and Decree dated 07.08.2009 passed in A.S.No.22 of 2007 on the file of the Principal District Court, Puducherry, reversing the Judgment and Decree dated 09.02.2007 passed in O.S.No.18 of 1999 on the file of the Principal Sub Court, Puducherry.

1. This second appeal is focused as against the judgment and decree dated 07.08.2009 passed in A.S.No.22 of 2007 by the learned Principal District Judge, Puducherry, reversing the judgment and decree dated 09.02.2007 passed in O.S.No.18 of 1999 by the learned Principal Subordinate Judge, Puducherry.

2. For the sake of convenience, hereinafter the parties are called as per their respective litigative status before the trial Court.

3. The laconic averments made in the plaint are as follows:

    3.1. The plaintiff is the absolute owner of the suit schedule property by virtue of French Notorial Exchange deed dated 16.06.1958 and subsequent registered partition deed dated 15.03.1972. The suit mentioned ‘B’ schedule property is a part of a larger extent of ‘A’ schedule property measuring to an extent of 17 Kuzhies and 1 Veesam being owned by the plaintiff. The fir

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