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2023 Supreme(Mad) 934

S. S. SUNDAR, P. B. BALAJI
Boomathi [Died] – Appellant
Versus
Murugesan [Died] – Respondent


Advocates Appeared:
For the Appellants : Mr. V.K. Vijayaragavan.
For the Respondents: Mr. N. Manokaran.

JUDGMENT :

S.S. Sundar & P.B. Balaji, JJ.

Prayer:- Appeal Suit filed under Order 44 Rule 1 read with Section 96 of CPC against the decree and judgment passed in OS.No.169/2010 on the file of the learned Principal District Judge, Namakkal dated 26.04.2013.

1. Plaintiffs 2 and 3 in the suit in OS.No.169 of 2010 on the file of the Principal District Court, Namakkal District are the appellants herein.

2. The mother of the 1st appellant by name Smt. Boomathi filed the suit in OS.No.169 of 2010 for partition of her one half share in all the suit properties and for consequential reliefs, including the prayer for permanent injunction restraining the defendants from alienating or encumbering the suit properties in any manner till a partition by metes and bounds.

3. The suit properties consist of 12 items which are described with reference to survey number, extent etc. During the pendency of the suit, the sole plaintiff by name Smt. Boomathi died and the appellants were brought on record as legal representatives of the deceased plaintiff.

4. The genealogy showing the relationship between the parties is filed as Ex.A9 and it is necessary to refer to the relationship amongst the parties. The suit pr

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