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2024 Supreme(Mad) 1048

P. B. BALAJI
Kamalam (Died) – Appellant
Versus
Sasikala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Nithyaesh Natraj, for Mr.Anirudh A Sriram
For the Respondent: Mr.P.Valliappan, Senior Counsel for Mr.R.Neethiperumal

JUDGMENT :

THE HONOURABLE MR. JUSTICE P.B.BALAJI

PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree of the learned First Additional District and Sessions Judge of Coimbatore, dated 09.08.2016 in A.S. No.112 of 2010 reversing the Judgment and Decree of the learned Subordinate Judge of Tiruppur, dated 03.12.2009 in O.S. No.264 of 2004.

The Plaintiffs, in a suit for partition, having succeeded before the trial Court, but having lost before the First Appellate Court, are the Appellants herein.

2. For sake of convenience, the parties are described as pet their rank before the Trial Court.

3. The material facts that are necessary for disposal of this Second Appeal are as hereunder:-

3(i). The suit was originally filed by Kamalam, the daughter of Pechianna Asari and P.Ramathal. As she died pending the suit, her legal representatives, viz. her husband and children were brought on record as the Plaintiffs 2 to 5. The wife of the deceased brother of the 1st Plaintiff, Duraisamy, viz., Pankajam is the 1st defendant. The wife, son and daughter respectively, of another brother of the 1st Plaintiff, P.Natarajan as defendants 2 to 4. The sister

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