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2013 Supreme(Mad) 2114

P.R.SHIVAKUMAR
Kamalakannan – Appellant
Versus
Kasthuri – Respondent


Advocates:
Advocate Appeared
For the Appellants:G. Rajan, Advocate.
For the Respondents:S. Ganesh, Advocate.

JUDGMENT

1. The defendants in the Original Suit are the appellants in the second appeal. The plaintiffs in the Original Suit are the respondents in the second appeal. The Original suit was filed by the respondents/plaintiffs for a) maintenance; b) a charge over of 1/6th share of the deceased first appellant/first defendant in the suit properties; c) dividing the suit properties into six equal shares and allotment of one such share to the second respondent/second plaintiff; d) rendition of accounts and e) costs. The learned trial judge decreed the suit with cost as prayed for and granted a decree for maintenance in favour of the first respondent/first plaintiff directing the deceased first appellant/first defendant to pay a sum of Rs.5,500/- as past maintenance from 1.1.1999 till the date of filing of the suit and subsequent maintenance from the date of suit till the death of the first appellant/first defendant at the rate of Rs.1,000/- per month; creating a charge over the share of the first appellant/first defendant in the suit properties except items 3, 6, 7, 14, 19 and 27 and a preliminary decree for partition directing division of the suit properties except items 3, 6, 7, 14, 1













































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