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2022 Supreme(Mad) 3873

D. BHARATHA CHAKRAVARTHY
A. Porkodi – Appellant
Versus
Leelavathi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.V.Selvaraj
For the Respondents: Mr.M.L.Ganesh

JUDGMENT :

A. The Appeal Suit :

If the properties belong to three siblings and one of them mortgages the entire property to the Bank, by producing a forged Legal Heirship Certificate, what is the remedy open to the other sisters is the question-which arises in this Appeal Suit.

2. This Appeal Suit is filed by the unsuccessful plaintiffs, against the Judgment and Decree dated 19.07.2013, on the file of the VII- Additional City Civil Court, Chennai, in and by which, the suit filed by the appellants/plaintiffs for a permanent injunction restraining the 4threspondent/Bank, from bringing the entire property to auction and for partition of the suit property and to allot 1/3rd share each in the suit property, was dismissed by the Trial Court.

B. Facts of the Case :

3. The facts of this case are not in controversy and by and large admitted by both sides. The suit property is a piece of plot measuring 1947 square feet in Old No.7 and New No.13, First Street, Plot No.24, Thiruppur Kumaran Colony, Saidapet, Chennai 15, comprised in T.S.No.22, Block No.3 of Mambalam Village, Chennai. The property was purchased by the plaintiffs' mother, namely, T.Roopavathi, by a registered sale deed dated 07.05.19

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