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2019 Supreme(Mad) 839

N.SATHISH KUMAR
P. Govindammal – Appellant
Versus
P. Marathal – Respondent


Advocate Appeared:
For the Appellants :T.R. Rajagopalan for M/s. K.S. Karthik Raja, Advocates.
For the Respondents:A.K. Kumarasamy, K.S. Kaviarasu, P. Muthukrishnana, Advocates

JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of C.P.C. against the judgment and decree dated 27.02.2012 passed in A.S.No.13 of 2011 on the file of the Principal District Court, Coimbatore in confirming the judgment and decree dated 30.11.2010 passed in O.S.No.656 of 2003 on the file of the Additional Subordinate Court, Tiruppur.)

1. Aggrieved over the concurrent finding of the Court below in dismissing the suit filed for partition, the present Second Appeal has been filed.

2. The parties are arrayed as per their own ranking before the trial Court.

3. The brief facts leading to filing of this Second Appeal is as follows :

The plaintiffs and the defendants 2 to 4 are children of one Peria Rasappa Gounder. The first defendant is his wife. The suit properties belonged to the said Peria Rasappa Gounder. He died intestate on 13.04.1999. The plaintiffs are entitled to 1/6th share each. The second defendant has filed a suit for partition in O.S.No.419 of 1999. The third defendant in the present suit obtained signatures of the plaintiffs and undertook to get the share of the plaintiffs. However, the plaintiffs came to know that the defendant has not prosecuted the above sui








































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