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2024 Supreme(Online)(Mad) 57084

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. Asha, J
Mohana – Appellant
Versus
L.Govindaraj (Died) – Respondent


Advocates:
For the Appellants/Petitioners: Mr. V.Raghavachari Senior Counsel for Mrs. V.Srimathi, Mr. A.K.Sriram Senior Counsel for Mr. T.Balaji, Ms. K.M.Valsala
For the Respondents: Mr. T.R.Rajagopalan Senior Counsel for Mr. M.Sivavarthanan, Mr. V.Raghavachari Senior Counsel for Mrs. V.Srimathi

COMMON JUDGEMENT

This case highlights how unscrupulous litigants use the judicial process to get over Governmental controls enjoy the fruits of the decree and thereafter once again take recourse to the legal process to resort them to a position of status quo ante.

2. The above four appeals arise in respect of a Common Judgement passed in three suits. Given below are the details of the Second Appeals, their respective First Appeals and Suits which forms their genesis.

Second AppealFirst AppealSuit
S.A.No.251 of 2022A.S.No.16 of 2021O.S.No.413 of 2003
S.A.No.289 of 2022A.S.No.2 of 2021O.S.No.582 of 2001
S.A.No.552 of 2022A.S.No.4 of 2021O.S.No.194 of 2006
S.A.No.100 of 2023A.S.No.100 of 2020O.S.No.582 of 2001.

3. O.S.No.582 of 2001 was a suit filed by one Govindaraj against his son Balakrishnan and his wife and children family. The suit was one filed for partition and separate possession of the plaintiff's half share in the suit schedule property.

4. O.S.No.413 of 2003 has been filed by one Sakunthala, the wife of Govindaraj against Balakrishnan and his family for a declaration that she is the absolute owner of the A schedule property, directing the 3rd defendant to deliver the 3rd item of

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