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2021 Supreme(Mad) 3181

V.PARTHIBAN
C. Ramachandran – Appellant
Versus
A. Chakrapani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.L. Ganesh
For the Respondents: T. Gowthaman and G. Gnanasundaram

ORDER :

V. Parthiban, J.

1. The applicants in Application No. 1299 of 2021 are the defendants 4 and 5 in the suit in C.S. No. 383 of 2020; respondents 1 and 2 are the plaintiffs and the respondents 3 to 5 are the defendants 1 to 3 in the suit.

2. The plaintiffs have filed the present suit for the following prayers:

    (a) declaration of the plaintiffs' 2/5 (Two-Fifth) share in the suit property and partition and separate possession of their share thereto;

(b) declaration that any guarantee given by the 1st defendant with respect for the suit property is sham, null and void and not binding on the plaintiffs;

(c) injunction restraining the defendants 1 to 3 from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property in any manner;

(d) injunction restraining the fourth and fifth defendants from alienating or otherwise creating encumbrances of any nature in the suit property;

(e) mandatory injunction directing the 4th and 5th defendants to hand over the original title and other documents pertaining to the suit property, morefully set out in the Memorandum of Deposit of title deeds (for short, 'MoD'), dated 06.05.2013 and registered as Document No. 503 of 2013 bef

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