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2022 Supreme(Mad) 3812

P. T. ASHA
Akkinirajan – Appellant
Versus
Maheswari – Respondent


Advocates Appeared:
For the Appellant : Mr. AR. L. Sundaresan for Ms. A.L. Gandhimathi.
For the Respondents: Mr. V. Prakash Babu, Mr. K. Selvaraj.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of C.P.C., against the Judgment and Decree dated 07.06.2019 in A.S.No.13 of 2018 on the file of the Subordinate Judge, Udumalpet, reversing the judgment and decree dated 28.04.2018 in O.S.No.490 of 2012 on the file of District Munsif, Udumalpet.)

1. The plaintiff in a suit for partition is the appellant before this Court, challenging the reversal of the judgment and decree of the learned District Munsif, Udumalpet in O.S.No.490 of 2012 by the learned Subordinate Judge, Udumalpet in A.S.No.13 of 2018.

2. The facts in brief which are essential for disposing of the above second appeal are herein below set out and the parties are referred to in the same litigative ranking as before the trial Court.

3. The Second Appeal was admitted by this Court on 12.08.2021 on the following substantial questions of law:

    (a) Whether the first appellate Court correct in reversing the judgment and decree of the trial Court especially when Exs.B24 and B25 have not been proved in the manner known to law?

(b) Whether the learned Subordinate Jud

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