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2024 Supreme(Online)(MAD) 14149

HIGH COURT OF MADRAS
Hon`ble Mr Justice P.B. BALAJI
P. RAJAGOPAL – Appellant
Versus
P. SRINIVASAN (DIED) – Respondent


JUDGEMENT

The defendant in a suit for injunction, seeking to restrain him from disturbing the peaceful possession and enjoyment of the plaintiff, is the appellant herein.

2. The parties are described as per their litigative status before the trial Court.

3. The brief facts that are necessary for adjudicating the above Second Appeal are as follows:~ 3.1.The plaintiff instituted the suit for permanent injunction claiming that the suit property was originally belonging to the father of the plaintiff and the defendant, one Pachiyapillai. According to the plaintiff, the said Pachiyapillai executed a registered Will dated 25.10.1961, bequeathing the suit property amongst other properties to the plaintiff and defendant in common. He has also stated that certain other properties were given to the sisters of the plaintiff and defendant. Even during the lifetime of his father, Pachiyapillai, one brother of the plaintiff and defendant by name, Natarajan was not provided any property under the Will and therefore, the plaintiff and the defendant chose to execute the settlement deed, gifting one property to the said brother Natarajan, absolutely. 3.2. According to the

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