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2022 Supreme(Mad) 372

R.VIJAYAKUMAR
Sree Ramachandran – Appellant
Versus
Retnaswamy – Respondent


Advocate Appeared:
For the Appellant :M.P. Senthil, Advocate.
For the Respondent:Ashik Ali, R. Murugan, Advocates.

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 07.11.2017 passed in A.S.No.6 of 2017 on the file of the II Additional Subordinate Judge at Nagercoil reversing the judgment and decree dated 06.09.2016 passed in O.S.No.166 of 2014 on the file of the I Additional District Munsif Court, Nagercoil.)

1. The defendants 2 and 3 are the appellants.

2. The plaintiff filed O.S.No.166 of 2014 before the I Additional District Munsif, Nagercoil for declaration of title, possession and enjoyment over the suit schedule property and for demarcation of the plaint schedule property. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.6 of 2017 before the II Additional Subordinate Court, Nagercoil. The learned Subordinate Judge allowed the appeal and decreed the suit as prayed for. As against the same, defendants 2 and 3 have filed the above second appeal.

3. The plaintiff had contended that originally the plaint schedule property and other properties were owned by one Narayanavadivu Nadachi. She had six children, three daughters by name, Nachiar, Chellammal and Lakshmi and three sons by name Retnaswamy (plaintiff), Gopal

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