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2024 Supreme(Mad) 1001

C. KUMARAPPAN
Swaminathan – Appellant
Versus
Muthusamy (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Srinathsridevan, K. Harishankar.
For the Respondents: G. Rajagopalan, R. Thanjan.

JUDGMENT :

C. KUMARAPPAN, J.

Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree in order dated 31.08.2006 made in A.S.No. 39/05 on the file of the Sub-Court, Chidambaram, confirming the judgment and decree order dated 28.04.2005 made in O.S.No. 17 of 1995 on the file of the District Munsif Court, Chidrambaram.

1. The present second appeal has been filed against the judgment and decree dated 31.08.2006 made in A.S.No. 39/05 on the file of the Sub-Court, Chidambaram, confirming the judgment and decree, dated 28.04.2005 made in O.S.No. 17 of 1995, on the file of the District Munsif Court, Chidambaram.

2. The instant second appeal has been filed at the instance of the defendants. The respondent herein is the plaintiff before the trial Court.

3. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.

The brief facts which give rise to the instant Second Appeal are as follows:

4. The plaintiff purchased the suit property from one Duraisamy and Murugesan under a registered sale deed, dated 04.01.1977. Ever since the date of purchase, the plaintiff has been in actual phy

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