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2023 Supreme(Mad) 3377

S. SOUNTHAR
V. Chandragantha – Appellant
Versus
R. Kanagaraj – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Mukunth, Sr. Counsel for M/s. Sarvabhauman Associates
For the Respondents: Mr. N. Manokaran.

JUDGMENT :

(S. Sounthar, J.)

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the Judgment and decree dated 25.02.2016 made in A.S.No.82 of 2014 on the file of III Additional District and Sessions Judge at Coimbatore reversing the Judgment and decree dated 26.06.2014 made in O.S.No.575 of 2012 on the file of III Additional Subordinate Judge at Coimbatore.)

The 2nd defendant in the suit is the appellant. The respondents 1 and 2 filed a suit seeking declaration that the Sale Deed dated 06.07.2001 executed by the 3rd respondent/1st defendant is null and void and also permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit property. The respondents 1 and 2/plaintiffs also sought for partition of 2/3rd share in the suit property. The respondents 1 and 2 also sought for permanent injunction restraining the 2nd defendant from alienating or encumbering the suit property.

2. The Trial Court dismissed the suit. Aggrieved by the same, the respondents 1 and 2 filed an appeal in A.S.No.82 of 2014 before the III Additional District and Sessions Judge, Coimbatore. The First Appellate Court reversed th

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