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2022 Supreme(Mad) 3574

N. MALA
Amaravathi – Appellant
Versus
Ponmozhi – Respondent


Advocates appeared:
For the Petitioner:T. Murugamanickam, Senior Counsel, M/s. Zeenath Begum, Advocates. For the Respondents:R1, R. Jayaprakash, Advocate.

JUDGMENT

(Prayer: Appeal Suit filed under Order 41 Rule 1 r/w 96 of the Code of Civil Procedure, 1908, against the Judgment and Decree dated 24.08.2015 made in O.S.No.264 of 2013 on the file of the II Additional District Court, Salem.)

1. This Appeal Suit is filed against the Judgment and Decree dated 24.08.2015 made in O.S.No.264 of 2013 on the file of the II Additional District Court, Salem, decreeing the plaintiff's suit for partition of her 1/3rd share in the suit property.

2. The contesting appellant was impleaded in the appeal suit vide order dated 30.11.2021in C.M.P.No.16421 of 2017 in A.S.No.1002 of 2015 and will be referred to as the appellant in this appeal. The plaintiff in the suit will be referred as the 1st respondent in this appeal.

INTRODUCTION/PLEADINGS IN BRIEF:

3. The suit was filed by the 1st respondent on the premise that the suit properties are the ancestral properties and as such she was entitled to 1/3rd share in the suit properties along with the 2nd and 3rd respondents who are her father and brothers respectively. According to the 1st respondent she was married in the year 1996 and as such she was entitled to the benefit of Section 29-A of the Hindu Succession

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