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2025 Supreme(Online)(Mad) 42459

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Bharagath Thunnisa Abdul Wahab (died) Abdul Majeed (died) – Appellant
Versus
Mohd Abdul Khader S/o.Abdul Ajeez – Respondent


Advocates:
For the Appellants/Petitioners: M/s.V.Mythili
For the Respondents:M/S R. RAGAVELAVAN, Mr.R.Siddharth Government Advocate for R-3

JUDGMENT

The appellants have filed this Second Appeal against the Judgment and Decree of the learned II Additional District and Sessions Judge, Chidambaram, in A.S. No. 22 of 2021 dated 29.07.2022, which reversed the fair and decretal order in I.A. No. 386 of 2020 in O.S. No. 178 of 2017 dated 11.02.2021 passed by the learned Subordinate Judge, Chidambaram.

2. For the sake of convenience, the parties herein are referred to as they were ranked in the suit.

3. The appellants herein are the defendants 1 to 6 in O.S. No. 178 of

2017. They are challenging the impugned order passed by the first appellate court (II Additional District & Sessions Judge, Chidambaram) in A.S. No. 22 of 2021, which reversed the fair and decretal order passed in I.A. No. 386 of 2020 in O.S. No. 178 of 2017. The respondents 1 and 2 herein are the plaintiffs in the said suit.

4. Brief Facts of the Case:

The plaintiffs filed O.S. No. 178 of 2017 before the Subordinate Court, Chidambaram, against seven defendants, seeking a declaration of their right and title over the suit property as described in the plaint schedule in R.S. No. 6/3, measuring 1 acre and 67 cents in Old Survey No. 1A/22 of Parangipettai Village, Chidam

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