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2024 Supreme(Mad) 391

P. B. BALAJI
S. Ekambaram – Appellant
Versus
K. Nallathambi – Respondent


Advocate Appeared:
For the Appellant :P. Valliappan for M/s. P.V. Law Associates, Advocates.
For the Respondent:M. Kavikannan, Advocate.

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Additional District & Sessions Judge at Ariyalur dated 07.06.2018 in A.S.No.3 of 2013 confirming the judgment and decree of the Subordinate Judge's Court at Ariyalur dated 08.12.2009 in O.S.No.123 of 2007.)

1. The plaintiff, in this second appeal, has challenged the judgment and decree of the Additional District & Sessions Judge at Ariyalur dated 07.06.2018 in A.S.No.3 of 2013, confirming the judgment and decree of the Subordinate Judge's Court at Ariyalur dated 08.12.2009 in O.S.No.123 of 2007.

2. The defendant in a suit for partition, having suffered concurrent findings before the Courts below is the appellant herein.

3. The parties are described as per their litigative status before the trial Court.

4. It is the case of the plaintiff that he is the son of Kandasamy Mudaliar who had nine sons and three daughters and out of the said three daughters one of the daughters died. According to the plaintiff, the suit property is an ancestral property belonging to his grand father Palani Mudaliar who had only one son, Kandasamy Mudaliar, that is father of the plaintiff.

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