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2019 Supreme(Mad) 1571

R.PONGIAPPAN
Veerappan – Appellant
Versus
Cauvery – Respondent


Advocates Appeared:
For the Appellant :R.P. Ramachanthiran, Advocate.
For the Respondent:V.K. Vijayaragavan, D.R. Murugesan, R.S. Prabhu, Advocates.

JUDGMENT :

1. The appellants herein are the plaintiffs and respondents herein are the defendants in O.S.No.95 of 2004 on the file of learned Principal District Judge, Pudukottai.

2. The Appeal Suit has been filed by the plaintiffs against the Judgment and Decree dated 08.03.2007 made in O.S.No.95 of 2004 on the file of the learned Principal District Judge, Pudukottai, whereby, the learned Principal District Judge dismissed the suit filed for partition.

3. The averments made in the plaint, in brief, are as follows:

(i) Originally, the suit schedule properties belonged to one Kasimariambalam, who is the grandfather of plaintiffs and defendants. The said Kasimariambalam had two sons, namely, Rengasamy and Rajagopal. The plaintiffs in the suit are legal heirs of Rajagopal and the defendants are legal heirs of Rengasamy. After the demise of Kasimariambalam, both Rengasamy and Rajagopal were enjoying the ancestral properties. Rajagopal died in the year 1956. After the demise of the said Rajagopal, the father of the defendants and the plaintiffs are enjoying the ancestral properties. Rengasamy also died in the year 1960. After the death of Rengasamy, the plaintiffs and the defendants, without

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