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2023 Supreme(Mad) 996

ABDUL QUDDHOSE
Balamurugan (Died) – Appellant
Versus
Chandra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.V.Meenakshisundaram
For the Respondents: M/s.J.Roshini for Mr.D.Srinivasaragavan

JUDGMENT :

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 10.11.2016 passed in A.S.No.6 of 2016 on the file of the Principal Sub Court, Tenkasi, modifying (partly allowing) the judgment and decree dated 07.12.2015 passed in O.S.No.252 of 2009 on the file of the Additional District Munsif Court, Tenkasi by allowing this Second Appeal.

This Second Appeal has been filed challenging the findings of the Courts below. The legal representatives of the deceased first defendant in the suit O.S.No.252 of 2009 on the file of the Additional District Munsif Court, Tenkasi are the appellants herein. The respondents 1 and 2 are the plaintiffs in the suit. The third respondent is the second defendant in the said suit. The suit was filed seeking for the relief of declaration of the plaintiffs' title over the suit schedule property and for permanent injunction to restrain the first defendant from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule property. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

2. As seen from the plaint, the suit sche

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