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2025 Supreme(Online)(Mad) 44129

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATHI KUMAR SUKUMARA KURUP, J.
Chandra – Appellant
Versus
A.Murugan – Respondent


Advocates:
For the Appellants/Petitioners: Mr.T.Thiyagarajan, Mr.V.Ram
For the Respondents: Ms.R.V.Gayatri, M/s.P.B.Ramanujam Associates

JUDGMENT

This Second Appeal has been filed to set aside the Judgment and Decree dated 18.03.2013 in A.S.No.90 of 2011 on the file of the learned Subordinate Judge, Kanchipuram by confirming the Judgment and Decree dated 06.08.2011 in O.S.No.455 of 2006 on the file of the learned Principal District Munsif, Kanchipuram.

2. The second Plaintiff before the learned Principal District Munsif, Kanchipuram is the Appellant herein. As per the Plaint averments, the first Plaintiff/Govindammal originally filed a Suit in O.S.No.455 of 2006 before the learned Principal District Munsif, Kanchipuram for direction directing the Defendants to hand over vacant possession of the Suit property to the Plaintiffs in the event of receiving a sum of Rs.30,000/- from the Plaintiffs. It is the claim of the Plaintiff in the Plaint that her husband/Mannar was an Ex-Serviceman. After retirement from the Indian Army, he had been cultivating in the Suit property which is an Odai Poramboke and he had also sought an assignment from the Government. Pending his Petition for assignment, Mannar died leaving behind the first Plaintiff/Govindammal and her daughter. The first plaintiff/ Govindammal wanted to perform the ma

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