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2010 Supreme(Mad) 2586

R.BANUMATHI, B.RAJENDRAN
Pongiammal & Others – Appellant
Versus
Dr. S. M. Palaniappan & Others – Respondent


Advocates Appeared:
For the Petitioner:Ms. Usha Raman, Advocate. For the Respondent:T. Murugamanickam, N. Sankara Vadivel for B. Soundara Panidan, Advocate.

Judgment :

Per B. RAJENDRAN, J.

These appeals arise out of the Judgment in O.S. No. 16 of 2002 decreeing plaintiffs suit passing Preliminary decree for partition granting 1/3rd share to plaintiffs 2 to 6 and 1st defendant/Appellant and 1/6th share to each of 7th plaintiff and 2nd defendant. Unsuccessful 1st defendant is Appellant in A.S. No. 25 of 2004. Being aggrieved by disbelieving of Exhibit A-1-Will and directing allotment of 1/6th share to him, 7th plaintiff has filed A.S. No. 906 of 2004. Cross Objection No. 46 of 2004 in A.S. No. 25 of 2004 filed by plaintiffs 2 to 6. For convenience, the parties are referred as per their array in the original rank.

2. Since both the Appeals and Cross Objection arise out of the same judgment, both the Appeals and Cross Objection were taken up together and disposed of by this Common Judgment.

3. Plaintiffs and defendants are related as under:

Kaliammal (Senior) [Died in 1947]

W/o Kalianna Gounder |

…………………………………………………………………………………………..

| | | |

Kaliammal Karunaiammal Palaniammal Pongiammal

(died on 110. 56) (died on 30.5.99) (died on 1942) (1st Defendant)

| (1st Plaintiff)

|

………………………………………………………………………………………………………………………..

| | | | |

Palaniap







































































































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