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2021 Supreme(Mad) 65

N.SATHISH KUMAR
V. S. P. Sivan – Appellant
Versus
Balashanmugam – Respondent


Advocates:
Advocate Appeared:
For the Appellants :S. Meenakshisundaram, Senior Counsel, R. Balakrishnan, Advocate.
For the Respondents:R1 to R6, N. Satheeshkumar, Advocate.

JUDGMENT :

(Prayer: This Appeal Suit is filed under Section 96 of the Civil Procedure Code, against the fair and decreetal order dated 25.10.2019 made in I.A.No.249 of 2018 in O.S.No.44 of 2018 on the file of the Additional District Judge, Sivagangai.)

1. Aggrieved over the order of the Additional District Judge, who rejected the suit filed by the appellants on the ground that the entire issue related to the property was already decided and reached the finality in a suit in O.S.No.321 of 1982, the present Appeal Suit is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:-

The appellants being the plaintiffs before the trial Court filed a suit for declaration that the plaintiffs are the owners of the property and also for permanent injunction restraining the defendants, besides the decree and judgment in O.S.No.321 of 1982 dated 29.01.1991 is null and void and for other reliefs. The suit has been laid on the ground that the earlier suit in O.S.No.184 of 1977 was decided long back and as per the above judgment, the plaintiffs' ancestors have becom

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