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2011 Supreme(Mad) 548

G.RAJASURIA
Saraswathi – Appellant
Versus
Thayammal – Respondent


Advocates Appeared:
For the Appellants:A.K. Kumarasamy, Advocate.
For the Respondents:R1 - N. Manokaran, Advocate.

JUDGMENT :

1. This second appeal is focussed by the defendants 4 and 5, animadverting upon the judgment and decree dated 03.02.2009 passed by the learned Principal District Judge, Erode in A.S.No.42 of 2008 confirming the judgment and decree dated 13.02.2008 passed by the learned Principal Subordinate Judge, Erode in O.S.No.269 of 2006.

2. The parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Heard both sides.

4. The factual matrix lies within a narrow campus, which is pithily and precisely set out thus:

a)The plaintiff filed the suit O.S.No.269 of 2006 seeking the following reliefs:

- for division of the suit properties into 4 equal shares by metes and bounds and with reference to good and bad soil and allot one such share to the plaintiff and put her in separate possession;

- to appoint a commissioner to divide the suit properties as claimed in column (a);

- to restrain the defendants from in any way and in any manner either alienating or encumbering the suit properties including the share of the plaintiff with specific boundaries till final partition is effected by means of permanent injunction;

- to direct the defendan
























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