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2010 Supreme(Mad) 2331

P.R.SHIVAKUMAR
Parameswari @ Gnanasakthi & Another – Appellant
Versus
Raja Ratinam & Others – Respondent


Advocates appeared:
For the Appellants:Gopinath for C. Chandrabose, A.P. Suryaprakasam, Advocate.
For the Respondents:R1, A.P. Surya Prakasam, R3, Srinath Sridevan, Advocates.

Judgment

1. The plaintiff in O.S.No.9/1992 on the file of the Additional District Judge (FTC) Chidambaram has come forward with A.S.No.676/2002 as against the disallowed portion of her claim made in the plaint. The first defendant therein has filed A.S.No.857/2002 against the preliminary decree for partition passed by the trial court in the above said suit. Therefore, for the sake of convenience, the parties are referred to in accordance with their rankings in the suit.

2. Parameswari @ Gnanasakthi, the plaintiff filed the original suit raising the following contentions:-

Suit A schedule property originally belonged to Kalyanasabesa Deekshidhar. As he died on 20.10.1995 without leaving any Will, his daughter, namely the plaintiff and his son, namely the second defendant (Bala Ganesan) became entitled to the suit A schedule property as the legal heirs of Kalyanasabesa Deekshidhar, each one being entitled to 1/2 share. The first defendant Raja Rathinam is the brother of Kalyanasabesa Deekshidhar. One Sivakami is a tenant in respect of suit A schedule property and hence no relief is sought against her. There was no cordial relationship between Kalyanasabesa Deekshidhar and his son B





























































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