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2025 Supreme(Online)(Mad) 62492

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATHI KUMAR SUKUMARA KURUP, J
N. Sundaram – Appellant
Versus
N. Saroja – Respondent


Advocates:
For the Appellants/Petitioners: Mrs. V. Srimathi
For the Respondents:Mr. P.M. Duraiswamy, Mr. M. Muthusamy Government Advocate

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4)
2. details of the written statements by the parties (Para 5 , 6 , 7)
3. arguments presented by the parties (Para 8 , 9 , 10 , 11)
4. legal contentions regarding legitimacy and inheritance (Para 12)

JUDGMENT

This Second Appeal is filed against the Judgment and Decree dated 03.07.2017 made in A.S. No. 46 of 2016 on the file of the Principal District Judge, Krishanagiri, confirming the Judgment and Decree dated 21.12.2015 made in O.S. No. 38 of 2004 on the file of the learned Additional Special Judge, Krishnagiri.

2. The Appellant is the first Defendant in O.S. No. 38 of 2004. The first Respondent in this appeal is the Plaintiff in the said suit. The Respondents 2 to 4 in this appeal are the Defendants 3, 4 and 5 in the suit. The second Defendant in the suit died even before the Judgment was delivered by the Trial Court. The sixth Defendant was called absent and set ex parte and he was exonerated even before the Trial Court.

3. Thus, for the sake of convenience, the parties to this Second Appeal are referred to as per their litigative status in the suit as 'Plaintiff' and 'Defendants'.

4. The plaint averments are as follow

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