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2024 Supreme(Mad) 345

P. B. BALAJI
N. Velusamy – Appellant
Versus
C. Meenakshi Pavalayammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Subbiah, Elizbeth Ravi.
For the Respondents: N. Manokaran, A. Madhumathi, M. Gurupraad, K.S. Jayaganesan.

JUDGMENT :

P.B. BALAJI, J.

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the decree and judgment dated 24.04.2017 rendered in A.S. No. 75 of 2016 on the file of the Second Additional District Judge, Erode, reversing the decree and the judgment dated 24.06.2016 rendered in O.S. No. 138 of 2011 on the file of the Second Additional Subordinate Judge, Erode by allowing this Second appeal.

1. The 1st and 13th Defendants, husband and wife are the Appellants herein.

2. The parties are described as per their litigative status before the Trial Court.

3. The material facts that are necessary for deciding the present Second Appeal are as hereunder:

    3.1. The Plaintiff, sister of the 1st Defendant filed the suit seeking declaration of her ½ share in the suit properties and also for reliefs of permanent injunction, restraining the Defendants 1 and 13 from encumbering Items 1 to 6 of the suit properties and Defendants 7 to 16 from alienating or putting up construction in the suit properties.

3.2. The case of the Plaintiff is that the properties are the ancestral properties of the father of the Plaintiff and 1st Defendant and as a daughter the Plaintiff was ent

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