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2021 Supreme(Mad) 1396

G.K.ILANTHIRAIYAN
R. Baladhandayuthapani – Appellant
Versus
Mahalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Natarajan.
For the Respondents: S. Sounthar, T.P. Manoharan, S. Sai Sathyajith.

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

Prayer: Appeal Suit filed under Section 96 of C.P.C. to set aside the Judgment and Decree dated 19.01.2006, passed in O.S. No. 71 of 1998 on the file of the learned Additional District Judge, Pondicherry at Karaikal and allow the counter claim in O.S. No. 71 of 1998 on the file of the learned Additional District Judge, Pondicherry at Karaikal.

1. The Appeal Suit is filed as against the Judgment and Decree dated 19.01.2006 made in O.S. No. 71 of 1998 by the learned Additional District Judge, Pondicherry, Karaikal.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The suit is for partition. The case of the plaintiff is that she is the sister and the defendants are her brothers and they born to one Ramanathan. After demise of their parents, the plaintiff is entitled to have equal share in the property left out by their parents viz. 1/4th share of the entire estate. Even prior to the death of their mother in the year 1992, the first defendant caused notice to the plaintiff and other defendants demand

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