C. R. N. Balakrishnan vs C. R. N. Palanisamy (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 1071

D. BHARATHA CHAKRAVARTHY
C. R. N. Balakrishnan – Appellant
Versus
C. R. N. Palanisamy (Died) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Subramanian
For the Respondents: Mr.V.Raghavachari

JUDGMENT :

Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code to set aside the judgment and decree, dated 27.04.2010 passed in O.S.No.679 of 2007 on the file of the Additional District Court-cum-Fast Track Court No.IV, Coimbatore, Tiruppur.

A. The Appeal Suit :

This Appeal Suit is filed aggrieved by the judgment and decree, dated 27.04.2010 in O.S.No.679 of 2007, on the file of the Additional District Court-cum-Fast Track Court - IV, Coimbatore, Tiruppur, in and by which, the suit filed for partition and separate possession of the 1/3rd share in the suit property was dismissed by the Trial Court. For the sake of convenience, the parties are referred to as per their array in the Original Suit itself.

B. The Plaint :

2. The case of the plaintiff is that the defendant is the brother of the plaintiff. In the year 1963, the plaintiff, the defendant, another brother namely, Subbiah Naidu and their mother, Rangammal, partitioned the property belonging to them vide Doct.No.856/1963 on the file of the Sub-Registrar, Sulur. Thereafter, the said Subbiah Naidu relinquished all his rights in favour of the defendant. Suit properties belonged to the mother of the plaintiff and the def