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2024 Supreme(Mad) 1956

R. SAKTHIVEL
Alamelu – Appellant
Versus
Palanisamy Gounder (Died) – Respondent


Advocates Appeared:
For the Appellants : Mr. V. Anandhamoorthy
For the Respondents: Mr. C.R. Prasanan.

JUDGMENT :

(R. Sakthivel, J.)

(PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated October 12, 2020 made in A.S.No.45 of 2018 on the file of the learned I Additional District Judge, Tiruppur confirming the Judgment and Decree dated February 27, 2017 made in O.S.No.130 of 2016 on the file of the learned Sub Court, Avinashi.)

This Second Appeal is directed by the unsuccessful plaintiffs. Challenge is to the Judgment and Decree dated October 12, 2020 passed in A.S.No.45 of 2018 by the 'I Additional District Court, Tiruppur' [henceforth 'First Appellate Court'], whereby the Judgment and Decree dated February 27, 2017 passed in O.S.No.130 of 2016 by the 'Sub Court, Avinashi' [henceforth 'Trial Court'] was confirmed.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

3. It is fruitful to refer to the following genealogy chart for better understanding:

TRAJECTORY OF THE PLAINT TO THE TRIAL COURT

4. The plaint in the present Suit was initially filed before the Subordinate Court, Erode on September 22, 1999 and numbered as O.S.No.608 of 1999 and the

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