Madhavan Pillai vs Neelavathy - 2024 Supreme(Mad) 1499

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1499

S. SOUNTHAR
Madhavan Pillai – Appellant
Versus
Neelavathy – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.J.Alaguram Jothi
For the Respondent: M/s.G.V.Saranya for Mr.S.Vasantha Yugesh

JUDGMENT :

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the Court of Subordinate Judge, Padmanabhapuram in A.S.No.104 of 1995, dated 30.01.2001 in reversing the well considered judgment and decree of the Court of the Additional District Munsif, Padmanabhapuram in O.S.No.84 of 1994, dated 21.11.1995.

The first defendant in the suit is the appellant herein.

2. The respondent herein filed a suit for partition seeking half share in the suit property. The suit was dismissed by the Trial Court. The First Appellate Court reversed the findings of the Trial Court and granted preliminary decree for half share. Aggrieved by the same, the first defendant has come by way of this Second Appeal.

3. For the sake of convenience, the rank of the parties are referred to as per the ranking in the original suit.

4. The plaintiff is the younger sister of the first defendant. The second defendant is the mother of plaintiff and first defendant. The fourth defendant is a purchaser of 20 cents of land in third item of the suit property from one Krishna Pillai, who in-turn purchased it from defendants 1 and 2. The third defendant, who was husband o