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2024 Supreme(Mad) 947

S. SRIMATHY
S. Ashok – Appellant
Versus
Nirubha Sundarrajan – Respondent


Advocates Appeared:
For the Appellants : Mr. V. Malaiyendran
For the Respondents: Mr. G. Aravinthan, Mr. P. Banu Prasath.

JUDGMENT :

(S. Srimathy, J.)

(Prayer : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgement and Decree dated 25.04.2022 in A.S.No.6 of 2020 on the file of the Sessions Judge, Fast Track Mahila Court, Sivagangai, reversing the Judgment and Decree dated 18.12.2019 passed in O.S.No.49 of 2019 on the file of the Learned Sub Court, Manamadurai.)

The plaintiffs are the appellants herein and the defendants are the respondents herein. For the sake of convenience, the parties are referred as plaintiffs and defendants as per the ranking in the suit.

2. The plaintiffs namely S.Ashok and S.Raja had filed the suit for partition claiming 1/5th share each and to declare the alleged sale deed dated 14.12.2011, in Document Registration No.5875/2011 and 5876/2011 as void and permanent injunction restraining the 1st defendant from disturbing the plaintiffs' peaceful possession and enjoyment of the suit property. The Trial Court after appreciating the evidence and the deposition of the parties had allowed the suit. Aggrieved over the same, the 1st defendant had preferred first appeal and the First Appellate Court after re-appreciating the evidence and the deposition h

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