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2025 Supreme(Online)(Mad) 59520

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Dineshkumar – Appellant
Versus
Rajeswari – Respondent


Advocates:
For the Appellants/Petitioners: Mr.G.Prabhu Rajadurai
For the Respondents: Mr.T.Lajapathi Roy, Senior Counsel, for M/s.Lajapathi Roy and Associates, Mr.C.Suresh Kannan

Table of Content
1. introduction of the appeal and parties involved. (Para 1 , 2)
2. overview of the plaintiff's claims regarding property and alleged fraud. (Para 3 , 4)
3. findings and conclusions regarding the execution validity of the release deed. (Para 10 , 11 , 21)
4. arguments from both sides on the legitimacy of the release deed. (Para 12 , 13)

JUDGMENT

(Judgment of this Court was delivered by M.JOTHIRAMAN J.

Unsuccessful first defendant has preferred the appeal. The suit is filed for partition, to declare the release deed dated 01.11.2006 in Doc.No. 3913/2006 is null and void, for permanent injunction, declaration of sale deeds dated 27.06.2012 and sale deed dated 01.02.2021 in Doc.No.3489 of 2012 & 1/597/2021 are null and void. The trial Court decreed the suit partly.

2.For the shake of convenience, the parties are referred to as per their rank before the trial Court.

3.The brief Case of the plaintiff is as follows:-

The first defendant is the brother of the plaintiff, second defendant is the plaintiff's mother. The suit schedule properties are ancestral properties of plaintiff, first defendant and their father Gunasekaran. Gunasekaran died in the year 1995. The suit first and sec

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