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2023 Supreme(Mad) 150

S. SOUNTHAR
Maruthandi Kone (Died) – Appellant
Versus
Seeni Ammal (Died) – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Natarajan.
For the Respondents: Mr. S. Meenakshisundaram Senior Counsel assisted by Mr. R.T. Arivukumar, Mr. R. Senthilkumar.

JUDGMENT :

Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 31.01.1995 made in A.S.No.113 of 1993 on the file of the District Court, Ramnad against the judgment and decree dated 30.09.1993 made in O.S.No.373 of 1989 on the file of the District Munsif's Court, Ramanathapuram.

The legal representatives of the deceased 1st defendant are the appellants. The 1st respondent herein filed a suit for partition of her half share and the suit was decreed. The said decree was confirmed in the first appeal filed by the 1st defendant. Aggrieved by the concurrent judgments, the legal representatives of the deceased 1st defendant have come up by way of this second appeal. Pending second appeal, the 1st and 2nd appellants were dead and their legal representatives were brought on record as appellants 5 to 8. Likewise, the legal representatives of the deceased 1st respondent were brought on record as respondents 5 to 12 and the legal representatives of the deceased 2nd respondent were brought on record as respondents 13 to 18.

2. According to the 1st respondent/plaintiff, the suit properties are the joint family properties in joint enjoyment of t

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