(Appeals filed under Order 36 Rule 1 of O.S. Rules against the judgment and decree of the learned single Judge dated 29.1.2001 in C.S.No.1 779 of 1993 and TOS No.34 of 1999)

Common Judgment:

These two appeals have been filed against the common judgment passed by the learned single Judge dated 29.1.2001 in C.S.No.1779 of 1993, hereinafter referred to as ‘C.S.’ and T.O.S.No.34 of 1999, hereinafter referred to as ‘T.O.S.’.

2. C.S.No.1779 of 1993 has been filed by three daughters of late Govindasamy Naidu claiming partition in respect of the property of Govindasamy Naidu, in whose name admittedly the property stood. Defendant No.1 and late G. Madhavan were two sons of late Govindasamy Naidu. The legal heirs of G. Madhavan were impleaded as Defendants 2 to 5. According to the plaintiffs’ case, their mother Mrs.G. Abranji Ammal, wife of Govindasamy Naidu, died intestate on 10.5.1982 and subsequently their father Govindasamy Naidu died on 15.3.1984. It has been stated in the suit for partition that the late parents of the plaintiffs had not executed any Will out of their own free will and volition and the first defendant in connivance with his brother late G. Madhavan procured a