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2023 Supreme(Mad) 32

S. SOUNTHAR
Subban – Appellant
Versus
Nallamuthu Ambalam(died), Rengarajan – Respondent


Advocates Appeared:
For the Appellants : Ms. Parkavi for Mr. N.C. Ashok Kumar.
For the Respondents: Ms. R. Jegatheeswari for Mr. K. Marimuthu, Mr. G. Thandayuthapani.

JUDGMENT :

[PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.82 of 1999, dated 10.10.2000, on the file of the Principal District Judge, Pudukkottai, confirming the judgment and decree made in O.S.No. 153 of 1993, dated 21.07.1998, on the file of the District Munsif Court, Sivakasi.]

1. The plaintiffs in the suit are the appellants. The suit is for partition and the same was dismissed by the trial Court.Aggrieved by the same, the plaintiffs have filed an appeal in A.S.No.82 of 1999 and the findings of the trial Court was confirmed by the first appellate Court. Aggrieved by the findings of the first appellate Court, the plaintiffs have filed the present Second appeal before this Court.

2. According to the appellants, the suit properties are ancestral properties of the first respondent-Nallamuthu Ambalam. It was claimed by the appellants that they are the sons of the first respondent through his first wife namely, Periyammal. The other respondents are the children of the first respondent through his second wife, namely, Kannammal. On these pleadings, the appellants claim 1/5th share in the suit property and laid a suit

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