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2014 Supreme(Mad) 473

R.KARUPPIAH
Rasu Padayachi – Appellant
Versus
Anbalaghi – Respondent


Advocates:
Advocate Appeared
For the Appellant:R. Rajesh, Advocate.
For the Respondents:R1 to R3, P. Dineshkumar for M/s.Sarvabhauman Associates, R4, R5, P. Sankaranarayanan, Advocate.

JUDGMENT

1. The appellant, who is the 2nd defendant in the suit filed this Second Appeal against the Judgment and decree dated 20.03.2002 made in A.S.No.96 of 2000 on the file of Additional District Court cum Chief Judicial Magistrate Court, Perambalur confirming the judgment and decree dated 22.06.2000 made in O.S.No.160 of 1991 on the file of Subordinate Court, Perambalur.

2. For the sake of convenience, the second defendant in the suit referred as appellant and the plaintiffs 1 to 3 are referred as respondents 1 to 3 and 1st defendant referred as 4th respondent and 3rd defendant referred as 5th respondent hereafter.

3. The respondents 1 to 3 and one unborn child filed a suit for partition of 4/10 shares in the A-schedule properties and also the 1st respondent seeking relief of recovery of B-schedule movable properties or the value of Rs.10,800/- for the above said movable properties. Subsequently, the above said unborn child died on January 1991.

4. Briefly the case of the respondents 1 to 3 is that the 1st respondent is wife of 4th respondent and their children are the respondents 2 and 3. According to the respondents 1 to 3, the suit A-schedule properties are joint family propert



















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