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2012 Supreme(Mad) 4305

G.RAJASURIA
Nachiammal (Deceased) LRs. – Appellant
Versus
Kuppulakshmi – Respondent


Advocates Appeared:
For the Appellants:V. Raghavachari, Advocate.
For the Respondents:N. Manokaran, Advocate.

Judgment

This second appeal is focussed by D1 and D2, animadverting upon the judgment and decree dated 21.02.2005 passed by the learned Principal Subordinate Judge, Erode in A.S.No.49 of 2004 reversing the judgment and decree dated 23.07.2004 passed by the learned II Additional District Munsif, Erode in O.S.No.61 of 1999.

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

3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this Second Appeal would run thus:

a] The original plaintiff-Nachiammal filed the suit for partition seeking the following reliefs: - To pass a judgment and decree as follows:

a) directing the division of the suit property by metes and bounds with reference to good and bad soil into 16 equal shares by appointing a commissioner and allot 5 such consecutive shares to her and put the plaintiff herein in possession of such allotted shares.

b) restraining the defendants 4 and 5 herein their men and agents by means of a permanent injunction from in any manner encumbering the suit property till a final decree is passed in this suit.

c) directing the defendants 4 and











































































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