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2022 Supreme(Mad) 3316

C. V. KARTHIKEYAN
Amirthavalli – Appellant
Versus
Mangalakshmi (died) – Respondent


Advocates appeared:
For the Appellant:T.R. Rajagopalan, Senior Counsel for T.R. Rajaraman, R3 to R11, T.P. Manoharan, Senior Counsel for T.M. Naveen, Advocate.

JUDGMENT

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 02.02.2000 and made in A.S.No. 16 of 1999 on the file of the Principal District Judge, Pondicherry, confirming the Judgment and Decree dated 24.12.1998 and made in O.S.No. 1142 of 1996 on the file of I Additional District Munsif, Pondicherry.)

1. The plaintiff in O.S.No. 1142 of 1996 on the file of the First Additional District Munsif Court at Pondicherry, is the appellant herein.

2. O.S.No. 1142 of 1996 had been filed by the plaintiff Amirthavalli against her elder sister Mangalakshmi and elder brother Murugesan, seeking a declaration that a settlement deed executed by their mother Ammayee Ammal on 24.05.1990 in favour of the first defendant, Mangalakshmi is valid only to the extent of 1/8th share and is liable to be reduced to 1/8th share leaving the rest of 7/8th share of the suit property liable for partition between the plaintiff and the first defendant and for a decree of partition of the 7/8th share and also for injunction and for costs.

3. By Judgment dated 24.12.1998, the I Additional District Munsif, Pondicherry, dismissed the suit. Thereafter, the pl

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