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2012 Supreme(Mad) 3664

G.RAJASURIA
Kannusamy Naicker (died) – Appellant
Versus
Nataraja Naicker – Respondent


Advocate Appeared:
For the Appellants:Ms. P.T. Asha, for M/s. Sarvabhauman Associates, Advocates.
For the Respondents:R1 & R3, K. Meenakshi Sundaram, R13, R15 & R16, D. Sivakumaran, R12, P.V. Rangaraajan, Advocates, R4 to R8, R10, R11, R14, R17 to R20, Ex-Parte in lower Court, R9, R14 & R21, No Appearance.

Judgment :-

1. This appeal is focussed by the plaintiff as against the judgement and decree dated dated 30.11.2004 passed by the Additional District Judge(Fast Track Court III), Vridhachalam, in O.S.No.6 of 2004, which is one for partition.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this appeal, in a few broad strokes can be encapsulated thus:

(i) The first appellant herein, who died during the pendency of the appeal, as plaintiff, filed the suit O.S.No.6 of 2004 for partition of the 'A' and 'B' scheduled suit properties into three equal shares among himself, D1 and D2 and allot one such share in his favour. The appellants 2 to 6 are the LRs of the original plaintiff, the first appellant.

(ii) Indubitably and indisputably, unarguably and unassailably the properties described in the schedules of the plaint originally belonged to Lakshmana Naicker-the father of the plaintiff, D1 and D2. The said Lakshmana Naicker died on 25.1987 leaving behind his three sons.

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