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2022 Supreme(Mad) 320

Puniyavathi – Appellant
Versus
Pachaiammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants :D. Nandagopal, Advocate.
For the Respondents:D. Baskar, Advocate.

JUDGMENT :

Prayer: This Appeal Suit is filed under Section 96 of the Code of Civil Procedure, against the Judgment and decree dated 06.12.2010 and made in O.S.No.106 of 2009 on the file of the Additional District Judge-cum-Fast Track Court No.2, Cuddalore.

1. The unsuccessful plaintiffs in their suit for partition are the appellants herein. For the sake of convenience, the parties are described as per their status and ranking before the Trial Court.

2. The plaintiffs are daughters of one Mr.Balakrishnan Padayachi, who died interstate in the year 1978. Their mother Valliammai died in the year 2004. Mr.Balakrishnan Padayachi and Valliammai had four sons and three daughters. While two daughters had joined together and filed suit for partition, alleging that they were in joint possession and enjoyment of the suit property after the demise of Balakrishnan Padayachi, the other daughters and sons have contested the suit for partition alleging that, the plaintiffs have no interest in the estate of their father’s property. According to the defendants the properties which are left by Mr.Balakrishnan Padayachi was divided among the male members as per the partition deed dated 25.07.1991 and same

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