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2011 Supreme(Mad) 3632

R.SUBBIAH
K. Sampoornam – Appellant
Versus
M. Karthieswaran – Respondent


Advocates appeared:
For the Appellant:V. Raghavachari, Advocate.
For the Respondents:N. Manokaran for R. Marudhachalamurthy, Advocate.

JUDGMENT :-

1. This appeal arises out of the order of remand dated 22.10.2010 passed by the learned Principal District Judge, Erode, in A.S.No.16 of 2010, whereby the judgment and decree dated 24.10.2009 passed by the learned II Additional Subordinate Judge, Erode, were set aside and the matter was remanded to the trial court for fresh disposal. The appellant herein is the plaintiff and respondents 1 to 3 herein are defendants 5 to 7 and respondents 4 to 7 are defendants 1 to 4 before the trial court.

2. The circumstances, which led the appellant/ plaintiff to file the present appeal, are as follows:

(a) The plaintiff filed the suit for partition and separate possession of her 1/3rd share in the suit properties. The suit properties belonged to one Muthusamy Gounder, who died intestate on 30.03.2003, leaving his wife Chinnammal, who also died intestate on 18.12.2004 and they had no issues. Ramasamy Gounder is the brother of Muthusamy Gounder and he had one son Raju and two daughters Ammaniammal and Sampoornam (the plaintiff). The said Raju also died on 04.07.2002 leaving behind him his wife Ramayee, Kathirvel and Easwaran. The relationship of the parties can be easily understood from



























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