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2023 Supreme(Mad) 1063

S. SOUNTHAR
R. Sumathi – Appellant
Versus
S. Ramuvel @ Mohamed Abdur Rahim – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Anand Chandrasekar for M/s.Sarvabhauman Associates.
For the Respondent: Mr. C. Sundaravadivel.

JUDGMENT :

[PRAYER:- Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree in A.S.No.17 of 2006 on the file of learned Principal District Judge, Thanjavur, reversing the judgment and decree dated 27.02.2006 made in O.S.No.105 of 1996 on the file of learned Principal Subordinate Judge, Thanjavur and allow this second appeal.]

The defendants 1 and 2 in the suit are the appellants. The 1st respondent herein filed a suit for declaration of his title to the suit property and to set aside the Settlement Deed dated 20.01.1996 allegedly executed by him in favour of the 1st appellant and also for a consequential injunction restraining the appellants and other respondents from interfering with his possession. The suit was dismissed by the Trial Court and on appeal filed by the 1st respondent, the findings of the Trial Court were reversed and the suit was decreed as prayed for. Aggrieved by the same, the appellants are before this Court.

Plaint Averments:

2. (i) The 1st appellant is the daughter of the 1st respondent. The 2nd appellant is mother of 1st appellant and wife of 1st respondent. The 2nd respondent is the brother of 2nd appellant

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