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2021 Supreme(Mad) 343

G.JAYACHANDRAN
K. Natarajan – Appellant
Versus
K. Devaraj – Respondent


Advocates Appeared:
For the Appellants :V. Anand, Advocate.
For the Respondents:R1, R2, R4, R5, R7, R8, R9, R10, N. Manokaran, R11 to R14, M. Vivekanandan, R6, B. Satish Babu, Advocates.

JUDGMENT :-

(Prayer: Appeal Suit has been filed under Section 96 r/w Order XLI Rule 1 of C.P.C., against the judgment and decree of the V Additional District and Sessions Judge, Coimbatore dated 13.12.2013 in O.S.No.46 of 2009.)

1. The appeal arising from the suit for partition. Before the trial Court, the appellant herein was the plaintiff. Respondents 1 to 7 were the defendants. The suit for partition was partly allowed. Against the disallowed portion, the appeal suit is filed by the aggrieved plaintiff. Pending appeal, the 3rd respondent died. His legal representatives were impleaded as respondents 8 to 10. Claiming share in the suit property due to change in law pending appeal, the daughters of the appellant impleaded as respondents 11 to 14 vide order dated 07/09/2015.

2. The case of the plaintiff as found in the plaint:

Periyamarimuthu Chettiar had three sons by name Kandasamy, Arumugam and Karuppasamy. He established a textile business at Pollachi in the name and style of Thiru N.K.Periyamarimuthu Chettiar and Sons. Periyamarimuthu Chettiar along with his wife Mallammal and three sons carried on the textile business as joint family business. From the profit, properties were purc

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