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2017 Supreme(Mad) 877

N.SATHISH KUMAR
A. Meiazhagan – Appellant
Versus
Mangayarkkarasi – Respondent


Advocates Appeared:
For the Appellant : Mr. P.R. Thiruneelakandan
For the Respondents: Mr. D. Ravichandran

JUDGMENT :

This appeal has been filed by the second defendant challenging the ex parte decree dated 28.01.2011 passed in O.S.No.116 of 2009 against the defendants. The parties are arrayed as per their own ranking before the trial Court for the sake of convenience.

2. Brief facts leading to filing of this appeal are:- The suit was laid by one of the daughters of Aranganathan, against her mother, sisters and brothers, claiming 1/5th share in the suit property. It is the case of the plaintiff that her father had purchased the suit property on 10.5.1958 and he died intestate on 2.1.1974 leaving behind him the plaintiff and defendants 1 to 4 as legal heirs. The 5th defendant is the wife of the third defendant and defendants 6 to 9 are their children. In spite of repeated demands made by the plaintiff for partition the defendants are not amenable for amicable division and they are simply evading and postponing. Hence she issued a legal notice to the defendants on 1.5.2007 demanding partition of her share. Though the defendants 1, 4, 6 and 7 received the notice did not send any reply. The other defendants returned the notice as not claimed. Hence, she has filed the above suit for preliminar






































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