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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Rathinam – Appellant
Versus
Valliammai – Respondent
| Table of Content |
|---|
| 1. introduction of case parties and identification of framed substantial questions of law. (Para 1 , 2 , 3 , 4) |
| 2. competing contentions regarding the benami nature of the property and the finality of prior execution proceedings. (Para 5 , 6) |
| 3. evaluation of evidence and procedural finality regarding property ownership claims. (Para 7 , 8 , 9 , 10 , 11 , 12 , 16) |
| 4. adjudication on specific partition entitlement based on additional evidence and final decree. (Para 13 , 14 , 15 , 17) |
PRAYER :- Second Appeal filed under Section 100 of Civil Procedure Code, to call for the records from the Courts below and set aside the judgment and decree in A.S. No.19 of 2009 on the file of the II Additional Subordinate Judge, Tiruchirapalli dated 09.03.2021 confirming the judgment and decree in O.S.No.145 of 2001 on the file of the District Munsif Court, Musiri dated 25.10.2007 by allowing this Second Appeal.
JUDGMENT
1. The plaintiff, who suffered concurrently before the trial Court as well as the first appellate Court in a suit for partition, is the first appellant. The appellants 2 to 6 are the legal heirs of the deceased sole plaintiff.
2. I have heard Ms.Maria Vinola, learned coun
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