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2017 Supreme(Mad) 2094

R.SUBBIAH, A.D.JAGADISH CHANDIRA
Muthaiyan – Appellant
Versus
Poongothai – Respondent


Advocates Appeared:
For the Appellant : Mr. Bharatha Chakravarthy, M/s. Sai, Bharath and Ilan
For the Respondents: Mr. R. Sunilkumar, Mr. M. Devaraj, Mr. S.V. Jayaraman, Senior Counsel Amicus Curiae, Mr. Gandhiraj, Government Pleader Amicus Curiae

JUDGMENT :

R. SUBBIAH, J

1. The second defendant in O.S. No. 51 of 2007 on the file of the Additional District Judge, Pondicherry @ Karaikal is the appellant in this appeal. The said suit was filed by the plaintiff/first respondent herein for a preliminary decree of partition. By the Judgment and Decree dated 21.04.2010, the trial court held that the plaintiff/first respondent herein is entitled to 1/5 share except in respect of the items 7, 8, 11, 14 and 15 of the Plaint ‘A’ schedule property and also 1/5 share in the B Schedule Properties by applying Coromandal Law, which was in force by then in the Union Territory of Puducherry. The trial court also held that the first defendant/second respondent herein, who is the mother of the plaintiff and second defendant, is entitled to right of residence in the 1st item of the A Schedule mentioned property and after her death, the plaintiff and defendants shall effect division of the said item of the property equally.

2. The appellant in this appeal is the second defendant in the suit. The first respondent in this appeal is the plaintiff, who instituted the suit. The second respondent in this appeal is the first defendant in the suit and she






















































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