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MADRAS HIGH COURT
GAJENDIRAN – Appellant
Versus
VASANTHABAI AND ANOTHER – Respondent


Advocates:
['M/S B THANIKACHALAM', 'M/S R G ANNAMALAI', '', 'M/S PA KADIRVEL']

BEFORE THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 16.07.2008

CORAM

THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN

A.S.No.19 of 1998

Gajendran

.. Appellant / 2nd defendant

Vs.

1.Smt.Vasantha Bai

.. 1st respondent / plaintiff

2.Smt.Suseela

.. 2nd Respondents / 1st defendant

Prayer:-This appeal has been filed against the decree and judgment

dated 06.05.1997 in O.S.No.983 of 1996 on the file of the IV

Additional Judge, City Civil Court, Chennai.

For Appellant : Mr.B.Thanikachalam, Advocate

For Respondents

: Mr.R.G.Annamalai, Advocate (For R1)

Mr.PA.Kadirvel, Advocate (For R2)

JUDGMENT

This appeal has been directed against the decree and judgment in

O.S.No.983 of 1996 on the file of the IV Additional Judge, City Civil

Court, Chennai. The plaintiff has filed the suit for partition and

for mesne profits.

2.The averments in the plaint sans irrelevant particulars are as

follows:-

The plaintiff, first defendant and second defendant are the

children of one Saradhambal, who got the plaint schedule property

bearing No.109, Bazaar Road, Periapattai, Mambalam Zamin, Saidapet,

Madras-15, under a settlement deed dated 05.02.1953. There was a

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