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2022 Supreme(Mad) 1586

S. S. SUNDAR
Vadivelan – Appellant
Versus
Gandhi – Respondent


Advocates appeared:
For the Appellants:N. Manokaran, Advocate. For the Respondents:R2, T. Murugamanickam, Senior Counsel assisted by M/s. Zeenath Begum, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of CPC against the judgment and decree dated 17.10.2016 made in AS.No.29/2011 on the file of the learned IV Additional District Judge, Erode District at Erode confirming the judgment and decree dated 24.08.2009 made in OS.No.252/2003 on the file of the learned Subordinate Judge, Bhavani.)

(1) The unsuccessful plaintiffs in the suit in OS.No.252/2003 on the file of the learned Subordinate Judge, Bhavani, are the appellants in the above Second Appeal.

(2) The plaintiffs filed the suit in OS.No.252/2003 before the Sub Court, Bhavani, for partition of 3/4th share in all the suit properties. The suit properties are agricultural lands described as six different portions with reference to various extents and specific boundaries, measuring 2.17.0 Hectares out of the total extent of 4.36.5 Hectares in RS.No.107 of Patlur Village, Bhavani Taluk, Erode District. The suit properties also include a well apart from a small house in the third item of the suit properties.

(3) The relationship between the parties are not in dispute. Plaintiffs are the two sons and daughter of the 1st defendant. Plaintiffs 1 and 2 are the son and daughter of the 1s

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