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2022 Supreme(Mad) 3799

S. S. SUNDAR, N. MALA
Rathinavel – Appellant
Versus
Rajamanickam – Respondent


Advocates Appeared:
For the Appellants : Mr. V. Manohar
For the Respondents: Mr. T.S. Vijayaraghavan.

JUDGMENT :

(S.S. Sundar, J.)

(Prayer : Appeal suit filed under Section 96 of CPC against the judgment and decree passed by the learned 3rd Additional District Judge, Salem in OS.No.150/2010 dated 30.08.2013.)

1. The unsuccessful plaintiffs in the suit in OS.No.150/2010 on the file of the III Additional District Court, Salem are the appellants in the above appeal.

2. Brief facts that are necessary for the disposal of this appeal are as follows:-

    (a) The appellants filed the suit in OS.No.150/2010 for partition of their 5/9th shares in all the suit properties and for consequential reliefs.

(b)The appellants are the sons and daughters of one Thiru. Periyapaiya Gounder [hereinafter referred to as ''Thiru.PPG] through his third wife by name Lakshmiammal. Defendants 1 to 4 are also the sons and daughters of Thiru.PPG through his second wife by name Palaniammal.

(c) It is admitted that the suit properties are the absolute properties of one Nallammal who is the first wife of Thiru.PPG. The said Nallammal purchased the suit properties under various documents and it is admitted before the Trial court and before this Court that the suit properties were the absolute properties of the said Nalla

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