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2022 Supreme(Mad) 2932

P. VELMURUGAN
Krishnamani (died) – Appellant
Versus
M. J. Indira – Respondent


Advocates appeared:
For the Parties:S. Srinivasa Raghavan, T.R. Jeyapalam, Advocates.

JUDGMENT

(Prayer: Appeal Suit filed under Order 41 Rules 1 and 2 r/w.Section 96 of the Civil Procedure Code, against the judgment and decree dated 04.04.2018 made in O.S.No.169 of 2014 on the file of I Additional District Court, Madurai.

Cross Objection is filed under Order XLI Rule 22 of C.P.C., against the judgment and decree dated 04.04.2018 made in O.S.No.169 of 2014 on the file of I Additional District Court, Madurai.)

Common Judgment

1. The first respondent is the plaintiff. She filed a suit in O.S.No.169 of 2014 before the I Additional District Court, Madurai, against the appellants/defendants 1 to 10 and the respondents 2 to 10/defendants 11 to 19, for passing of preliminary decree for partition allotting 1/3rd share to the plaintiff in the suit property by metes and bounds and for costs.

2. The trial Court after trial, decreed the suit in part and a preliminary decree was passed allotting 1/12th share to the plaintiff in the suit property and given liberty to the plaintiff to take out final decree proceedings for actual division of the suit property. Challenging the said judgment and decree, the defendants 1 to 10 have filed the present appeal and the first respondent/plaintiff

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