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2022 Supreme(Mad) 1584

S. S. SUNDAR
Sukriya Mustafa – Appellant
Versus
Hajira Kabir – Respondent


Advocates appeared:
For the Appellant:V. Srimathi, V. Raghavachari, Advocates. For the Respondents:T. Murugamanickam, Senior Counsel assisted by D. Abdulla, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of CPC against the judgment and decree in AS.No.25/2015 on the file of the learned XVIII Additional Judge, Chennai dated 11.08.2016 in confirming the judgment and decree in OS.No.12890/2009 on the file of the learned II Assistant Judge, City Civil Court, Chennai dated 25.09.2014.)

(1) The appellant is the plaintiff in the suit in OS.No.12890/2009 on the file of the learned II Assistant Judge, City Civil Court, Chennai.

(2) The parties are close relatives and the appellant/plaintiff is the daughter of late Thiru.S.M.Sulaiman. The 1st respondent in the Second Appeal is the wife of one Thiru. Humayun Kabir, who is the brother of the plaintiff. Respondents 2 and 3 are the son and daughter of the 1st respondent who are born through the brother of the plaintiff, Humayun Kabir.

(3) The appellant filed the suit in OS.No.12890/2009 for partition of the plaintiff's / appellant's 1/6th share in the suit properties and for consequential injunction restraining the defendants from in any manner alienating or encumbering the suit property.

(4) The suit property is described as a house and building in Plot No.1200 in 'Z' Block, 6th Avenue, 14th St

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