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2023 Supreme(Mad) 3088

T. V. THAMILSELVI
Kasthuriammal (Died) – Appellant
Versus
A. Murugesan – Respondent


Advocates:
For the Appellants :S. Thamizharasi, Advocate. For the Respondent:D. Senthil Kumar, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree dated 03.03.2016 made in A.S.No. 9 of 2014 on the file of III Addl. District Court, Vellore at Tirupattur partly allowing the judgment and decree dated 11.03.2013 made in O.S.No.17 of 2010 on the file of Sub-Court, Vaniyambadi.

1. The appellant herein is the defendant in the suit in O.S.No.17 of 2010 on the file of Sub-Court, Vaniyambadi, which was filed by the plaintiff for the relief of declaration and delivery of possession with regard to suit schedule property as listed in the plaint schedule pertaining to the tiled house with door No.39. The defendant denied the plaintiff's claim and claimed right over the properties based on the sale deed executed by her mother Povunammal. On hearing both sides, the trial judge dismissed the suit. Against which, an appeal was filed in A.S.No.31 of 2013 on the file of District Judge, Vellore and the first appellate judge partly allowed the suit by granting half share in the suit property. Aggrieved over that, the defendant preferred this Second Appeal.

2. For the sake of convenience, the parties are referred as per the ranking

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