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2024 Supreme(Online)(Mad) 59696

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
Aandaperumal – Appellant
Versus
Lakshmiammal – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Meenakshi Sundaram, Mr.N.G.A.Nataraj, Mr.V.M.Balamohan Thampi
For the Respondents: Mr.S.Ramesh @ Ramaiah

COMMON JUDGMENT

These appeals have been preferred as against the decree and judgment passed in O.S.No.64 of 2014 on the file of the Principal District Judge, Tirunelveli dated 11.08.2016, wherein the first respondent in both the appeals has filed a suit for partition in respect of the suit schedule properties and to declare that the settlement deed dated 15.04.1991 is null and void and the same is not binding upon the plaintiff. The trial Court has decreed the suit.

2. Aggrieved by the said decree and judgment the first defendant has preferred an appeal in A.S.No.23 of 2017 and the second defendant has preferred an appeal in A.S.No.18 of 2018. During the pendency of the appeal the appellant in A.S.No.18 of 2018 has filed the civil miscellaneous petition in C.M.P.No.632 of 2018 to receive the documents as additional evidence in that appeal.

3. Since both the appeals are arising out of the same judgment, both the appeals have been heard together and passed common judgment.

The brief averments of the amended plaint are as follows:

The plaintiff and the defendants are the children of one Balasubramania Karaiyalar and he inherited the properties through a partition deed dated 31.05.1988. Aft

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