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2025 Supreme(Online)(Mad) 74254

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAIMATHI, J
Govindhasamy – Appellant
Versus
Pitchai Sowri – Respondent


Advocates:
For the Appellants/Petitioners: Mr.D.Murugan for M/s.V.Manohar
For the Respondents: Mr.P.Valliappan Senior Counsel for Mr.Shriram Narayanan

JUDGMENT

The grand children of Chinnapillai S/o.Chinnathambi have preferred this second appeal against the Judgment and Decree dated 10.08.2012 passed in A.S.No.46 of 2011 by the Subordinate Court, Kallakurichi. 2. The parties are indicated herein to as per their litigative status and ranking made before the Trial Court.

3. According to the plaintiffs, the suit property originally belonged to one Chinnnapillai, S/o.Chinnathambi, the maternal grand-father of the plaintiffs herein. The aforesaid person, Chinnathambi, had executed a Will in favour of the plaintiffs on 23.08.1988. After the execution of the Will, the said Chinnapillai died in the year 1989 and it is the last Will of the said Chinnapillai. After the death of the said Chinnapillai, the suit property was devolved on the plaintiff. At the time of the execution of the Will, all the plaintiffs were minors and the plaintiffs’ mother Kolanjiammal has got no right to sell the property and there was also no necessity to sell the suit property. Even, if there is any necessity, the plaintiffs' mother should have obtained permission from the District Court to sell the suit property. She sold the suit property on 11.08.1997 to the def

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