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2023 Supreme(Mad) 3049

K. GOVINDARAJAN THILAKAVADI
Thangam Religious & Charitable Trust, Represented by its Executor/Trustee, S. L. Thangam, Nagercoil – Appellant
Versus
G. Hariharan – Respondent


Advocates:
For the Petitioners:H. Thayamanaswamy, Advocate. For the Respondents:R1 & R2, S.C. Herold Singh, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order dated 10.03.2021 and made in I.A.No.01 of 2019 in A.S.No.60 of 2010 on the file of the Principal District Judge, Kanyakumari at Nagercoil.)

1. The above civil revision petition is preferred as against the fair and decretal order dated 10.03.2021 made in I.A.No.1 of 2019 in A.S.No.60 of 2010, on the file of learned Principal District Judge, Kanyakumari at Nagercoil.

2. Brief facts leading this revision are as under:-

The respondents 1 and 2/plaintiffs filed a suit in O.S.No.145 of 1996 on the file of the Sub Court, at Nagercoil, for the relief of declaration of title and permanent injunction and also for rendition of accounts. The above suit was dismissed by the trial Court on 28.10.2004. Aggrieved by this, the respondents 1 and 2/plaintiffs preferred an appeal in A.S.No.60 of 2010 on the file of the District and Sessions Court, Nagercoil. The above appeal suit was partly decreed in favour of the plaintiffs. In the appeal suit, a preliminary decree in respect of half share in the properties of Late.Vaithiyanatha Iyer under Ex.A8 an

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