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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
Sivaprakash – Appellant
Versus
The Branch Manager, TamilNadu Industrial Investment Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. nature of property and parties involved in the lawsuit. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding validity of the mortgage. (Para 5 , 6 , 7) |
| 3. legal principles surrounding joint family property and partition suits. (Para 8 , 9 , 10 , 11) |
| 4. court’s reasoning on mixed motives and absence of defendants. (Para 12 , 13) |
| 5. dismissal of the second appeal. (Para 14) |
JUDGMENT
The above second appeal arises out of the judgment and decree dated 17.02.20151 made in A.S.No.18 of 2013 on the file of learned Additional District Judge, Dharmapuri, reversing the judgment and decree dated 13.08.2012 made in O.S.No.103 of 2002 on the file of Subordinate Judge, Dharmapuri.
2. The appellants are the plaintiffs in O.S.No.103 of 2002 on the file of Subordinate Judge, Dharmapuri. They have filed the said suit for the relief of partition, separate possession and for permanent injunction.
3.The case of the plaintiffs is that they are the children of the 1st defendant/2nd respondent. The suit property belongs to the Hindu Joint family of the plaintiffs and defendants 1 and 2/respondents. The property has been inherited by the 1st defendant as per the Partition deed entered between the 1st def
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