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2024 Supreme(Mad) 859

R. SUBRAMANIAN, R. SAKTHIVEL
P. Marimuthu – Appellant
Versus
A. Paramasivam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.Mukundan
For the Respondents: Mr.R.Gayathri

JUDGMENT :

R.SUBRAMANIAN, J.

Prayer: First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.02.2018 passed by the Additional District and Sessions Judge, Chengalpattu in O.S.No.33 of 2008.

The defendants in O.S.No.33 of 2008 on the file of the District Court, Chengalpattu are on appeal, aggrieved by a preliminary decree for partition, declaring 1/2 share of the plaintiffs in the suit property granted in the said suit.

2. The plaintiffs sued for partition, contending that the suit property was purchased by the plaintiffs and the defendants jointly under a sale deed dated 28.09.1998 from one Mr. and Mrs. Abraham. The plaintiffs would claim that the 2nd plaintiff and the 1st defendant are first cousins in as much as their mothers are sisters. The 1st defendant completed his Diploma in Plastic Technology in Central Institute of Plastic Engineering and Technology (CIPET), Chennai and married 2nd defendant and settled down in Chennai. Though the plaintiffs would claim that the father of the 1st defendant was not a man of means and the entire education expenses was borne by the 1st defendant, the same is denied by the defendants. Tho

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