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2024 Supreme(Mad) 987

P. B. BALAJI
Mani @ Arumugam – Appellant
Versus
Chandran – Respondent


Advocates Appeared:
For the Appellants : Mrs. Hema Sampath Senior Counsel for Mrs. R. Meenal.
For the Respondent: Mr. T. Murugamanickam Senior Counsel for Mrs. Zeenath Begam.

JUDGMENT :

P.B. Balaji, J.

[PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 12.06.2017 passed in A.S.No.88 of 2016 on the file of the Principal District Court, Erode, reversing the judgment and the decree dated 15.07.2016 in O.S.No.45 of 2010 before the Sub Court, Gobichettipalayam, by allowing the second appeal].

This Second Appeal has been filed against the judgment and decree dated 12.06.2017 in A.S.No.88 of 2016 on the file of the Principal District Court, Erode, reversing the judgment and decree dated 15.07.2016 in O.S.No.45 of 2010 on the file the Sub Court, Gobichettipalayam.

2. The defendants in the suit for partition are the appellants herein.

3. The parties are described as per their litigating status before the Trial Court.

4. The plaintiff filed the suit seeking partition and separate possession of 7/36 share in the suit properties, namely, Item Nos.1 and 2. The case of the plaintiff is that the 1st defendant is the father of the plaintiff and the defendants 2 to 5 and that they were members of a Hindu Joint Family. Accordingly to the plaintiff, both the above said Items of the properties were joint family pr

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