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2025 Supreme(Online)(MAD) 15196

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
M.sumathi – Appellant
Versus
R.bharathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.V.Raghavachari, Senior counsel Mrs.Chitra Sampath, Senior counsel.
For the Respondent:Mr. T.Gowthaman, Senior counsel Mr.R.Sidharth, Government Advocate

JUDGMENT :

(T.V. THAMILSELVI, J.)

These appeals have been filed to set aside the judgement and decree dated 04.03.2024 passed in A.S No. 119 of 2023, on the file of II Additional District and Sessions Judge, Tirupur, confirming the judgement and decree dated 05.09.2023 passed in OS No. 582 of 2010, on the file of the Principal Subordinate Judge, Tirupur.

2. The suit in OS No. 582 of 2010 was filed by the first respondent herein, on the file of the Principal Subordinate Court, Trippur, against the appellants herein/defendants 1 & 2 and 3rd defendant/Karai Vinayagar Temple represented by Assistant Commissioner, HR & CE, Tirupur, to declare the judgement and decree dated 29.04.2010 in OS No. 145 of 2010 as Null and void. The said suit was decreed by the Trial Court and the same was confirmed by the First appellate Court. Challenging the concurrent findings of the Courts below, the defendants 1 and 2 filed these second appeals.

3. The brief facts of the plaintiff case as follows:

The suit property was originally belonged on Kuppusamy Gounder Son of Muthusamy Gounder( father of the plaintiff ) by ancestral. Kuppusamy Gounder bequeathed a registered Will on 07.10.1947 with respect to the suit

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