N.ANAND VEKATESH
Fathima Beevi – Appellant
Versus
Haja Kamaludeen – Respondent
JUDGMENT :
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.1 of 2008 dated 07/11/2012 on the file of the Court of District and Sessions Judge, Thiruvarur, in reversing Judgment and Decree passed in O.S.No.124 of 2006 dated 12.06.2008 on the file of the Court of Subordinate Judge, Mannargudi.
1. Defendants 2 to 6 are the appellants in this Second Appeal.
2. The 1st respondent/plaintiff filed a suit seeking for the relief of partition and for allotment of 7/24th share in the suit properties.
3. The case of the plaintiff is that the suit properties originally belonged to one Abdul Majeed Rowthar. He is the father of the plaintiff and the 6th defendant, husband of the 1st defendant, father-in-law of the 2nd defendant and the grandfather of defendants 3 to 5. The further case of the plaintiff is that the said Abdul Majeed Rowthar died intestate leaving behind the suit properties. The defendants were taking steps to dispose of the suit properties without giving a share to the plaintiff. Hence, the plaintiff filed the suit for partition and claimed for his share in the property.
4. The trial Court on considering the
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