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2013 Supreme(Mad) 2497

K.SUGUNA, M.DURAISWAMY
Chitrakala – Appellant
Versus
P. Mahesh – Respondent


Advocates appeared:
For the Appellant:AR.L. Sundaresan, Senior Counsel for Mrs. AL. Gandhimathi, Advocate.
For the Respondents:R1, M. Santhanaraman for M.R. Sivakumar, Advocates, R2 to R4, No Appearance.

JUDGMENT :-

M. Duraiswamy, J.

1. The above appeal arises against the judgment and decree dated 24.11.2009 passed in O.S.No.539 of 2006 on the file of the Additional District Court-cum-Fast Track Court No.I, Coimbatore.

2. The second defendant is the appellant. The first respondent was the plaintiff. The respondents 2 to 4 were the defendants 1, 3 and 4 respectively. The plaintiff filed the suit in O.S.No.539 of 2006 for partition, delivery of possession and for costs.

3. The brief case of the plaintiff is as follows:-

(i) The first defendant is the mother of the plaintiff and the second defendant. The third defendant is a private Trust said to have been created by the first defendant. The fourth defendant is a partnership firm consisting of plaintiff and the defendants as its partners, which according to the plaintiff was dissolved with effect from 31.3.1996. The suit property consists of land and building. According to the plaintiff, the suit property was originally purchased in the name of the second defendant under two registered sale deeds dated 30.10.1991. The first defendant has been doing business in sarees for more than 3 decades and out of the fund so earned by her, the suit













































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