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2010 Supreme(Mad) 5499

G.RAJASURIA
Ammamuthu Ammal(Died) – Appellant
Versus
Devaraj – Respondent


Advocates Appeared:
For the Petitioners:N. Suresh, Advocate.
For the Respondents:R1 to R4 - S. Gunaseelan, R5 & R6 - No appearance, R11 - Bharatha Chakravarthy for M/s. Saibharath & Ilan, R7 to R9 - R. Chavan, Advocates.

Judgment :-

1. This second appeal is focussed by the legal heirs of the original plaintiff, inveighing the judgement and decree dated 29.9.2006 passed by the Principal District Judge, Villupuram, A.S.No.6 of 2003 in confirming the judment and decree dated 28.2.2002 passed by the I Additional Subordinate Judge, Villupuram in O.S.No.13 of 1999, which was filed for preliminary decree for partition and separate possession of 1/4th share of the plaintiff in the suit mentioned properties.

2. For the sake of convenience, the parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus:

(a) The brief narration of the relevant facts as found set out in the plaint is to the effect that the deceased plaintiff-Ammamuthu Ammal, being the daughter of Parasurama Mudaliar and Amaravathi Ammal, was entitled to 1/4th share in the suit properties, as the suit properties are the absolute properties of Amaravathy Ammal.D1 and his sons D2 to D4 resisted the suit by filing written statement.

(b) Whereupon issues were framed. The or























































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