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2023 Supreme(Mad) 976

ABDUL QUDDHOSE
Nachimuthu – Appellant
Versus
V. Kannammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Suresh.
For the Respondents: M. Jothi Basu, S. Jeyapriya.

JUDGMENT :

ABDUL QUDDHOSE, J.

Prayer: Second Appeal is filed under Section 100 of CPC to set aside the decree and judgment dated 06.12.2019 passed in A.S.No. 22 of 2015 on the file of Additional Subordinate Judge, Karur by confirming the decree and judgment dated 28.08.2015 passed in O.S.No. 189 of 2009 by the Principal District Munsif, Karur and allow the Second Appeal.

1. This Second Appeal has been filed challenging the judgment and decree passed by the Courts below. The fifth defendant in the suit in O.S.No. 189 of 2009 on the file of the Principal District Munsif Court, Karur is the appellant herein. The respondents 1 to 5 are the plaintiffs in the suit. The respondents 6 to 8 are the defendants 2 to 4 in the suit and are formal parties.

2. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit. The plaintiffs filed a suit for declaration in O.S.No. 189 of 2009 on the file of the Principal District Munsif Court, Karur seeking for a declaration that they are the only legal heirs of the deceased Veeran. Since they had a difficulty in

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