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2017 Supreme(Mad) 896

R.SUBBIAH, M.S.RAMESH
Sadasivam – Appellant
Versus
Sankar – Respondent


Advocates Appeared:
For the Appellants : Mr. R. Gururaj
For the Respondents: Mrs. Hema Sampath, Mrs. R. Meenal

JUDGMENT :

R. Subbiah, J.

This appeal has been filed as against the judgment and decree dated 07.03.2016 in O.S. No. 28 of 2013 passed by the learned Principal District Judge, Cuddalore, dismissing the suit filed by the appellants/plaintiffs for partition of the suit properties and for separate possession and also for delivery of possession.

2. The appellants herein are the plaintiffs and the respondents herein are the defendants before the Trial Court. For easy reference, hereinafter the parties will be referred to as per their rankings in the suit.

3. The brief facts of the case of the plaintiffs are as follows:-

3-1. The plaintiffs and the 1st defendant are the brothers and the 2nd defendant is their sister. The 3rd defendant is their mother. The 3rd defendant was married to one Vadivel, who died in the year 1987. The plaintiffs, the defendants and the said Vadivel constituted a joint Hindu Family. The suit B schedule property measuring to an extent of 9 cents is an ancestral property obtained by the father of the plaintiffs viz., Vadivelu in a partition between himself and his brothers. In the B schedule property, there is a superstructure with three portions and EB Connection. The


































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