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R.N.MANJULA
M. Lavanya – Appellant
Versus
Murugavel – Respondent


Advocates:
Counsel for the Parties:
For the Appellants: Mr. A. Arumugam for M/s. Ajmal Associates
For the Respondents: Mr. N. Vallinayagan for R3
For the Respondents: No appearance for R1 and R2

JUDGMENT

R.N. Manjula, J.—This Appeal Suit has been preferred challenging the judgment and decree of the learned Additional District Judge (Fast Tract Court), Theni, dated 04.02.2019 made in O.S. No. 46 of 2017.

2. The appellants are the plaintiffs in the suit; the suit has been filed by the plaintiffs for the relief of partition; according to the case of the plaintiffs, the suit property belonged to the plaintiffs as their ancestral property; it was purchased in the name of one Kalappa Gounder from and out of the joint family income by virtue of three registered sale deeds, dated 28.02.1955, 15.10.1956 and 18.01.1974 respectively; the properties were enjoyed by the joint family members; Kalappa Gounder died on 07.04.2004; during his life time, he mortgaged the suit properties with Bodinaiyakkanur Co-operative Housing Building Society Limited and availed a loan of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only); Kalappa Gounder had one son and five daughters; after the demise of Kalappa Gounder, his wife and five daughters had jointly executed a registered General Power Deed in respect of his son, i.e., Murugavel, who is the 1st defendant in the suit; on 21.09.2005, Muru

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