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2022 Supreme(Mad) 3307

D. BHARATHA CHAKRAVARTHY
J. Prabakaran – Appellant
Versus
S. Babujan – Respondent


Advocates appeared:
For the Appellants:Chitra Sampath, Senior Counsel for K. Thiruvengadam, Advocate.

JUDGMENT

(Prayer: Appeal Suit filed under Section 97 r/w Order 41 R 1 & 2 of the Code of Civil Procedure, 1908 to set aside the judgment and decree, dated 31.10.2013 passed in O.S.No.92 of 2011 on the file of the learned Additional District Judge, Krishnagiri and allow the appeal.)

A. The Appeal Suit:

1. This Appeal Suit is filed by the aggrieved defendants against the judgment and decree, dated 31.10.2013 in O.S.No.92 of 2011, in and by which, the Trial Court decreed the suit filed by the respondents/plaintiffs for declaration of their title in respect of the suit schedule property; for recovery of possession; for permanent injunction not to interfere with the possession or creating any encumbrance; for cancelling the Power of Attorney, dated 15.08.2007 executed by the first plaintiff in favour of the first defendant; for declaring that the sale deed, dated 05.09.2008 executed by the first defendant in favour of the second defendant as null and void. For the sake of convenience, the parties are referred to as per their array in the Original Suit.

B. The Pleadings:

2. The plaintiffs filed the suit for the above reliefs contending that the plaintiffs had mortgaged the suit pr

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