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2006 Supreme(Mad) 941

A.KULASEKARAN
Kothanramappa – Appellant
Versus
Thimmaiah – Respondent


Advocates:
M. V. Krishnan, for Appellant; V. Raghavachari, for Respondents 1 to 3, 5, 6 and 7.

JUDGEMENT :- The first defendant in O.S. No. 468 of 1979 before the District Munsif Court, Hosur is the appellant in this second appeal. The said suit was filed by the deceased Ramaiah for partition of the suit properties. During the pendency of the suit, the said Ramaiah died and the plaintiffs 2 to 4/respondents 1 to 3 herein were impleaded as his legal heirs.

2. The trial Court decreed that suit thereby allotted 8/28 shares in favour of the first plaintiff and directed the first defendant to put the plaintiffs in possession of the suit properties. On appeal, the first appellate Court confirmed the decree and judgement of the trial Court and dismissed the first appeal, hence the present second appeal has been filed.

3. For the sake of convenience, the parties shall hereinafter be referred to as plaintiffs and defendants as they were arrayed before the trial Court.

4. The suit properties were originally acquired by Chinnamunusamy through an oral sale from his brother Patha Munusamy. The said Chinnamunusamy died in the year 1975. The first plaintiff, defendants 1 and 2 are sons, third defendant is the wife and defendants 4 to 6 are the daughters of the said Chinnamunusamy. There are s

















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