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2025 Supreme(Online)(Mad) 72621

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
REVATHI W/o Gnanasekaran Both Are Res At 365 Jangamar St, Bhavani Town And Tk Erode Dist – Appellant
Versus
MANICKARAJ(died) S/o Sidha Pandaram 375, Jangamar St, Bhavani Town And Tk, Erode Dist – Respondent


Advocates:
For the Appellants/Petitioners: Mr.N.Manokaran
For the Respondents: Mr. P.Chandrasekaran (for R1 and R2)

JUDGMENT

This second appeal has been preferred as against the judgment and decree passed by the first appellate Court/Sub Court, Bhavani in A.S.No.12 of 2012 dated 25.10.2013. In fact, the respondents/plaintiffs herein has filed original suit in O.S.No.234 of 2009 on the file of I Additional District Munsif Court, Bhavani for the relief of demarcation and permanent injunction and for costs. The trial Court decreed the suit. Aggrieved by the said decree and judgment, the appellants/defendants herein has preferred the first appeal before the Sub Court, Bhavani in A.S.No.12 of 2012. The first appellate Court also dismissed the appeal suit and confirmed the decree and judgment passed by the trial Court. Aggrieved by the said decree and judgment, the defendants have preferred this second appeal.

2. The brief averments of the plaint are as follows:-

(i) The suit property and other properties originally belonged to plaintiffs’

father Sidha Pandaram. The 1st defendant is the wife of the 2nd defendant. The father of the plaintiffs, while he was in sound disposing state of mind, out of his own and free will executed a registered Will dated 25.08.1943. The 1st plaintiff’s mother Veerammal has got

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