A.SELVAM, P.KALAIYARASAN
K. Krishnamoorthy – Appellant
Versus
J. Surya Bai – Respondent
A. SELVAM, J.
1. Challenge in this Appeal Suit is to the judgment and decree, dated 12.10.2011, passed in Original Suit No. 143 of 2010, by the District Court No. 2, Kanchipuram.
2. The first respondent herein, as plaintiff, has instituted Original Suit No. 143 of 2010, on the file of the trial Court, praying to pass a preliminary decree for partition, wherein, the present appellant and second respondent have been arrayed as defendants.
3. The material averments made in the plaint are that one Kuppusamy Naicker has passed away on 04.04.2006. The plaintiff and one Sagunthala are his daughters. The first defendant, by name, Krishnamoorthy is his only son. The second defendant is the daughter of the deceased Sagunthala. The suit properties are the ancestral properties, in which, the plaintiff, first defendant and the deceased Sagunthala are having equal shares. The plaintiff has made several attempts to have amicable partition. But, the first defendant has failed to concede the same. Under the said circumstances, the present suit has been instituted for getting the relief sought therein.
4. In the written statement filed on the side of the first defendant, it is averred to the e
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