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2022 Supreme(Online)(MAD) 2916

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R. VIJAYAKUMAR
P.Radha @ Radhakrishnan – Appellant
Versus
S.Irudayadoss – Respondent


COMMON JUDGMENT

The plaintiff is the appellant.

2. The plaintiff filed a suit for partition of his half share in the suit schedule properties and for permanent injunction, restraining the defendants from in any way altering the structure of the suit property or creating any encumbrance over the suit schedule property till the suit property is divided by metes and bounds. The trial Court decreed the suit. The 2nd defendant filed A.S.No.32 of 2014. The defendants 3 and 5 filed A.S.No.5 of 2015. The 4th defendant filed A.S.No.9 of 2018. All the first appeals were filed before Principal District Court, Madurai. The learned District Judge after re-appreciating the oral and documentary evidence, allowed all the three appeals thereby dismissing the suit in entirety. As against the same, S.A(MD)Nos.589 to 591 of 2020 have been filed by the plaintiff.

3. The plaintiff has contended that the suit schedule properties originally belonged to one Muthusamy Naidu. He had executed a registered settlement deed in favour of his 1st wife, Rengammal on 13.07.1973 under Exhibit A.1. The said Rengammal had died issueless. The 2nd wife, namely, Muthammal and her son Pitchai @ Narayanasamy inherited the suit

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