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2024 Supreme(Online)(MAD) 16339

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. VADAMALAI
S. MANIMARAN – Appellant
Versus
S. MURALI – Respondent


JUDGMENT

This Second Appeal is preferred against the judgment and decree dated

23.11.2017 made in A.S.No.32 of 2017 on the file of the learned Additional District Judge (Fast Track Court), Kumbakonam confirming the judgment and decree dated 19.04.2017 passed in O.S.No.136 of 2015 on the file of the learned Additional Sub Judge, Kumbakonam.

2. The appellant is the plaintiff and the respondents are the defendants in O.S.No.136 of 2015 on the file of the Additional Sub Court, Kumbakonam. The appellant/plaintiff filed the suit for partition and permanent injunction in respect of the suit property.

3. For the sake of convenience, the parties are referred as plaintiff and defendants as arrayed in O.S.No.136 of 2015 on the file of the Additional Sub Court, Kumbakonam.

4. Case of the plaintiff:

st The plaintiff and the 1 defendant are sons of one Swamyraj. Their father Swamyraj got the suit property in a compromise decree passed in O.S.No.241 of 1993 on the file of the Sub Court, Kumbakonam. The suit in O.S.No.241 of 1993 was filed for partition among Swamyraj and his two sons, st viz., the plaintiff and the 1 defendant. Swamyraj died intestate on 13.03.2008 and after his death, the plaintiff an

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