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2022 Supreme(Mad) 737

C.V.KARTHIKEYAN
Pachamuthu – Appellant
Versus
E. Rajbi (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Krishnan, A. Sivaji.
For the Respondent: P.M. Duraisamy.

JUDGMENT :

C.V. KARTHIKEYAN, J.

Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S. No. 98 of 1998 dated 30.06.2000 on the file of the Sub Court, Namakkal confirming the judgment and decree made in O.S. No. 589 of 1992 dated 24.09.1998 on the file of the Principal District Munsif Court, Namakkal.

1. The defendant in O.S. No. 589 of 1992 on the file of the District Munsif Court, Namakkal, is the appellant herein. The said suit was originally filed by seven plaintiffs and later the 8th plaintiff had been impleaded on application filed and being allowed. The suit had been filed seeking a declaration that the 1st to 7th plaintiffs are entitled for a declaration with respect to A schedule property and that the 8th plaintiff is entitled for a declaration with respect to B schedule property and for recovery of possession with respect to item Nos.1 and 2 of B schedule property and to handover such possession to the 8th plaintiff and also for costs of the suit. The suit was decreed by judgment dated 24.09.1998. The defendant then filed A.S. No. 98 of 1998 before the Sub Court, Namakkal. The appeal suit was also dismissed by judgment dated 30.0

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