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2022 Supreme(Mad) 171

R.PONGIAPPAN
Dilli Babu – Appellant
Versus
Arumugam – Respondent


Advocates Appeared:
For the Appellants :R. Rajashama Gayathri, K. Govi Ganesan, Advocates.
For the Respondents:N. Nagusah, Advocate.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 16.08.2010 made in A.S.No.31 of 2009 on the file of the Sub-Court, Madurantagam, confirming the judgment and decree dated 21.12.2004 made in O.S.No.163 of 1995 on the file of the learned District Munsif Court, Madurantagam.

1. Aggrieved over the concurrent findings made in A.S.No.31 of 2009 dated 16.08.2010 on the file of the learned Subordinate Judge, Madurantagam and in O.S.No.163 of 1995 dated 21.12.2004 on the file of the learned District Munsif, Madurantagam, the appellants, who are the plaintiffs 1 and 2 in the above referred suit, are before this Court with the present Second Appeal.

2. The suit is for declaration, declaring that the suit property is the joint family property of the plaintiffs and the defendants.

3. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

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

    (i) The plaintiffs 1 and 2 are recognised as the legal representatives of the deceased 3rd plaintiff. The father of the first plaintiff, namely, K.J.Damodaran h

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