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2024 Supreme(Online)(MAD) 19906

HIGH COURT OF MADRAS
Honourable Mr Justice RMT. TEEKAA RAMAN
CHAKRAVATHY VENGATARANGAM – Appellant
Versus
JOSEPH VENKATARANGAM (DIED) – Respondent


J U D G M E N T

Parties are referred to as per their ranking before the Trial Court, for the sake of convenience.

2. The unsuccessful plaintiffs are the appellants herein. The suit is filed for preliminary decree of partition by dividing the suit property into three equal shares by metes and bounds and allot 1/3rd share to the plaintiffs.

3. The brief facts necessary for determination of the appeal are as follows -

3(a) The plaint proceeds on the basis that the father of the plaintiffs and the father of the defendants 1 to 3 are the sons of late Frank Vernon Venkatarangam. The plaintiffs are brothers and sisters and they are sons and daughter of late V.E.P.Venkatarangam. The defendants 1 & 2 are sons of W.V.Venkatarangam. The third defendant is the son of K.V.Venkatarangam.

3(b) As per pleadings, the suit property belongs to grandfather of plaintiffs namely Frank Vernon Venkatarangam. After his demise, the suit property was in possession by father of plaintiffs and defendants. The Power of Attorney of defendants 1 & 2 alongwith 3rd defendant tried to alienate the suit property including the share of the plaintiffs without their consent and knowledge and defendants 1 & 2 are collecting

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