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2023 Supreme(Mad) 3270

R. SUBRAMANIAN, R. KALAIMATHI
Batmavady (died) – Appellant
Versus
Sarala – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Saikrishnan.
For the Respondents: Mr. R. Ganeshkumar.

JUDGMENT :

R. Subramanian, J.

[Prayer: First Appeal filed under Section 96 of C.P.C., r/w. Order XLI Rule 1 of C.P.C., against the judgment and decree of the learned III-Additional District Judge, Puducherry dated 30.06.2016 in O.S.No.41 of 2013.]

The plaintiffs in O.S.No.41 of 2013 on the file of the III-Additional District Judge, Puducherry are on appeal, aggrieved by the decree and judgment dated 30.06.2016, in and by which, the suit for partition was decreed in part, granting a preliminary decree in respect of Western half of the suit property alone. The Trial Court had dismissed the suit in respect of the Eastern portion of the suit property, since it had upheld the settlement deed dated 31.01.2001 executed by late Dhanaraj @ Danaradjou in favour of his daughter / 1st defendant.

2. The plaintiffs, who are the wife, sons and daughter of late Dhanaraj @ Danaradjou sought for a preliminary decree to the effect that they are entitled to 1/7th share each over and above the 1/8th portion and for a declaration that the settlement deed dated 31.01.2001 executed by Dhanaraj @ Danaradjou in favour of the 1st defendant is null and void to the extent of 7/8th share and for other reliefs.

3. Ac

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