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2022 Supreme(Mad) 1030

D. BHARATHA CHAKRAVARTHY
Subramani – Appellant
Versus
Arun – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Krishna Prasad
For the Respondent: Mr. M. Ganesh

JUDGMENT :

Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code to set aside the judgment and decree, dated 10.12.2013 made in O.S.No.158 of 2010 on the file of the learned Principal District Judge, Namakkal.

A. The Appeal Suit :

The third and fourth defendants in O.S.No.158 of 2010 are the appellants herein, feeling aggrieved by the judgment and decree in O.S.No.158 of 2010 on the file of the learned Principal District Judge, Namakkal, dated 10.12.2013, in and by which, the prayer of the plaintiffs, for partition and separate possession of 1/4th share in the suit property and for permanent injunction restraining the third defendant from in any manner interfering with the plaintiff’s peaceful possession and enjoyment of the suit property, was decreed. For the sake of convenience, the parties are referred to as per their array in the Original Suit itself.

B. The Plaint :

2. The plaintiff is the son of Periyasamy and Chinnammal, the first and second defendants in the suit. The fourth defendant, Sasi, is the daughter of the first and second defendants. The fifth defendant, Senthil, is the son of the first and second defendants. The third defendant, Subramani, is the husband

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