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2022 Supreme(Mad) 1842

A. A. NAKKIRAN
Vanitha, represented General Power of Attorney her husband Surendhiran – Appellant
Versus
Sudhakaran (Died) – Respondent


Advocates appeared:
For the Appellant:C. Prabakaran, Advocate. For the Respondents:R2, A.V. Radhakrishnan, Pradeepan, R3 to R6, M.R. Jothimanian, Advocates.

JUDGMENT

(Prayer: This Appeal Suit has been filed, under Order 41 Rule 1& 2 of CPC read with Section 96 of CPC, against the Judgement and Decree dated 25.03.2015, made in OS.No.49 of 2010, on the file of the file of the Principal District Judge, Dharmapuri.)

1. This Appeal Suit has been filed, challenging the judgement and decree, dated 22.01.2015, passed in O.S.No.7450 of 2012 by the learned XV Additional Judge, City Civil Court, Chennai.

2. The appellant is the plaintiff and the respondents 1 and 2 are the defendants in the suit. Pending this appeal, since the 1st respondent died, his legal heirs were impleaded as respondents 3 to 6 in this appeal. The suit was filed by the plaintiff for partition, separate possession, mesne profits, and permanent injunction.

3. The case of the plaintiff, as set out, in the plaint is as follows:-

a) The suit schedule properties belonged to the plaintiff and the 1st defendant jointly and are in possession and enjoyment of the same. The 1st defendant is the brother of the plaintiff's husband. The suit properties were jointly purchased on 24.6.1954, by one Pangajammal, maternal aunt of the plaintiff and one Gajalakshmiammal, mother of 1st

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