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2022 Supreme(Mad) 1443

N. ANAND VENKATESH
S. Sampoornam – Appellant
Versus
C. K. Shanmugam – Respondent


Advocates appeared:
For the Appellant:A. Gouthaman, Advocate. For the Respondents:R1 to R5, R. Rajarajan, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under section 100 of the Code of Civil Procedure to set aside the Judgment and decree dated 09.03.2016 made in A.S.No.44 of 2015 on the file of Subordinate Judge, Ranipet in confirming the judgment and decree dated 31.10.2013 made in O.S.No.119 of 2009 on the file of District Munsif cum Judicial Magistrate No.1, Walajapet, Vellore District.)

1. The Plaintiff is the appellant in this second appeal.

2. The plaintiff filed the suit seeking for the relief of partition and for allotment of 1/5 th share in the suit property and also sought for declaration of the sale deed dated 15.06.2009 executed by the 1st defendant in favour of the 5th defendant as null and void.

3. The case of the plaintiff is that the suit property formed part of a larger extent of property which are ancestral in nature. It is stated that these properties were held by the great grand father Thalaivirichan Reddy, who had three sons namely Chinnasamy Reddy, Kathavarayan Reddy and Chinnappa Reddy. On the demise of Thalaivirichan Reddy, his three sons inherited the property. One of the son Kathavaraya Reddy had three sons Munirathinam, Shanmugam and Mani. According to the plaintiff, the

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