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2019 Supreme(Mad) 3113

P.T.ASHA
Sekar – Appellant
Versus
Girija @ Girigujambal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Subramanian For Mr.N.C.Ashokkumar
For the Respondents: Mr.S.Krishnan For Mr.S.Karthick Subramanian

JUDGMENT :

Prayer : This Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree of the lower Appellate Court dated 03.09.2014 passed in A.S.No.2 of 2004 on the file of the learned II Additional District Judge, Thanjavur reversing the judgment and decree of the trial Court dated 10.10.2003 passed in O.S.No. 32 of 1999 on the file of the learned Principal Sub Judge, Kumbakonam.

The above second appeal was filed against the judgment and decree passed in A.S.No.2 of 2004 dated 03.09.2014 on the file of the learned II Additional District Judge, Thanjavur reversing the judgment and decree of the trial Court passed in O.S.No.32 of 1999 dated 10.10.2003, on the file of the learned Principal Sub Judge, Kumbakonam. The parties are referred in the same litigative status as in the trial Court.

2. The case of the plaintiff is that 'A' schedule property is an ancestral property of her father, Vaiyapuri and 'B' schedule property is the self acquired property. The plaintiff and the defendants are siblings. The plaintiff was married to one Veerasami with whom she had three children, viz., two sons and one daughter. Her husband deserted way back in the year

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