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2023 Supreme(Mad) 526

ABDUL QUDDHOSE
Nallathambi Asari – Appellant
Versus
D. Santhi – Respondent


Advocates appeared:
For the Appellant:D. Rameshkumar, Advocate. For the Respondents:R1, N. Kamesh, R2 to R5, P. Pandiarajan, Advocates.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 31.01.2019 passed in A.S.No.10 of 2017 on the file of the Principal District Court, Pudukkottai, confirming the judgment and decree dated 03.06.2016 passed in O.S.No. 234 of 2010 on the file of the Subordinate Court, Pudukkottai.)

This Second Appeal has been filed challenging the concurrent findings of the courts below. The appellant is the first defendant in the suit in O.S.No.234 of 2010 on the file of the Subordinate Court, Pudukkottai. The respondents 2 to 5 are the defendants 2 to 5 in the suit. The suit was filed for partition claiming 1/6th share in the suit schedule property.

2. In the following paragraphs the parties are described as per their litigative status in the suit.

3. The plaintiff is the grand-daughter of Perumal Asari. Her mother Renganayaki Ammal, who is the daughter of Perumal Asari died and after her death, she has filed the suit seeking for partition of her mother''s share out of which she is entitled for 1/6th share each along with her brother, who is the fifth respondent/fifth defendant in the suit. The plaintiff has claimed in the plain

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