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2024 Supreme(Mad) 386

P. T. ASHA
M. Sundarraj – Appellant
Versus
S. Jayalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V. Raghavachari, V. Srimathi.
For the Respondents: N. Manokaran, D. Ramesh Kumar.

JUDGMENT :

P.T. ASHA, J.

Prayer: First Appeal is filed under Section 96 read with Order 41 Rule 1 of C.P.C. against the Judgment and Decree in O.S. No. 5 of 2016 on the file of the Principal District Judge, Dharmapuri dated 12.03.2021.

1. The plaintiff in the suit O.S. No. 5 of 2016 on the file of the Principal District Judge, Dharmapuri is the appellant before this Court challenging the dismissal of his suit which has been filed for the following reliefs:

    (a) Pass a decree in favour of the plaintiff setting aside the alleged sale deed dated 11/02/2015 registered as document No. 3305/2015 on the file of the Sub-registrar of Palacode executed by the 2nd defendant in favour of the 1st defendant as null, void, sham, nominal and not binding on the plaintiff and further direct the defendants to deliver possession of the suit property to the plaintiff within a period fixed by this Honourable Court and if the defendants fail to do so cause the same to be done by due process of this Honourble Court.

    (b) Pass a decree for permanent injunction in favour of the plaintiff restraining the defendants 1 and 2 from in any way alienating or encumbering the suit properties.

    (c) Pass a decree directing the

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