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2022 Supreme(Mad) 2647

C. V. KARTHIKEYAN
Sathish Kumar – Appellant
Versus
Krishnaswamy Gounder (died) – Respondent


Advocates appeared:
For Appellants:S. Parthasarathy, Senior Counsel, Assisted by P. Dinesh Kumar, Advocate. For the Respondents:R1 & 4, Died, R2, S. Saravanan, R5, B. Nedunchezhiyan, R6 & R7, V. Ashok Kumar, Advocates.

JUDGMENT

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 03.01.2001 in A.S.No. 165 of 1996 and also in the Cross Appeal on the file of Principal District Court, Coimbatore, confirming and modifying the share in Cross Appeal the Judgment and Decree dated 13.09.1996 in O.S.No. 397 of 1987 on the file of III Additional Sub-Judge, Coimbatore.)

1.The plaintiffs in O.S.No. 397 of 1987 on the file of the third Additional Sub Court at Coimbatore are the appellants herein.

2. O.S.No. 397 of 1987 had been filed by the plaintiffs Satish Kumar and Suresh Kumar against their paternal grand uncle Krishnaswamy Gounder and his son Sreerangaraj and also against their father, A.Rangasamy and also against their paternal uncle A.Rajagopal, seeking partition and separate possession of 5/9th share with respect to the properties given in schedule 'A' to the plaint or with respect to the properties given in schedule 'B' to the plaint and for consequential reliefs of accounts and costs.

3. By Judgment dated 13.09.1996, the suit was partly decreed by holding that the plaintiffs are entitled to an undivided 1/6th share in the properties descri

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