N. SATHISH KUMAR
K. Karthikeyan – Appellant
Versus
A. K. K. Kannan – Respondent
JUDGMENT :
PRAYER: This Appeal Suit is filed under Order 96 of the Civil Procedure Code to set aside the judgment and decree dated 17.12.2014 made in O.S.No.223 of 2010 on the file of the V Additional District Judge, Madurai and decree the suit as prayed for and allow this appeal with cost.
This appeal has been directed against the decree and judgment passed by the trial Court dismissing the suit filed by the plaintiff in O.S.No.223 of 2010 dated 17.12.2014 claiming half share in the suit properties.
2. For the sake of convenience, the parties are referred to herein as per their rank before the trial Court.
3. The brief facts leading to the filing of the present Appeal Suit is as follows:-
(i) It is the case of the plaintiff that he is the only son of the defendant. He is a coparcener along with his father in the suit properties. The marriage between the defendant and the mother of the plaintiff was solemnized on 21.08.1989 and they were living in Madurai. The defendant has developed suspicious over his wife and started to treat her with cruelty. As a result, she went to her matrimonial home at Tirunelveli. While she was in the matrimonial home, the plaintiff was born on 11.05.1991. The
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