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2025 Supreme(Online)(Mad) 63330

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
S.Sivagamy (Died) – Appellant
Versus
N.T.Sivasubramanian – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.Shajahan
For the Respondents: Mr.V.K.Vijaya Raghavan

JUDGMENT

This Second Appeal is filed against the judgment and decree dated 06.10.2010 passed in A.S.No.81 of 1998 on the file of the Additional District Judge/Fast Track Court No.1, Thoothukudi, modifying the judgment and decree, dated 26.02.1998 made in O.S.No.667 of 1996 on the file of the Principal District Munsif Court, Thoothukudi.

2. The appellants are the plaintiffs in O.S.No.667 of 1996 on the file of the Principal District Munsif Court, Thoothukudi. The respondents are the defendants in that suit.

3. The appellants/plaintiffs have filed the suit for declaration and permanent injunction against the respondents/defendants.

4. For the sake of convenience, the parties are referred as plaintiffs and defendants as arrayed in O.S.No.667 of 1996 on the file of the Principal District Munsif Court, Thoothukudi.

5. The Case of the plaintiff:

The 2nd plaintiff’s father Sathanantha Sundaram Pillai, purchased 10/12 shares in the suit property and the other two properties through a registered sale deed, dated 05.01.1949, from the original owners. He also purchased 1/12 share from one Nainar for Rs.75/- by way of oral sale on 20.05.1950. The remaining 1/12 was in excess. So, the entire property

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