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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice T.V. Thamilselvi, J
M. Sivasamy – Appellant
Versus
P. Neelamani – Respondent
JUDGMENT :
(T.V. THAMILSELVI, J.)
The appellants have filed this Second Appeal against the judgment and decree dated 21.04.2010 in A.S. No. 134 of 2009 on the file of the First Additional District Court, Coimbatore, confirming the judgment and decree dated 06.04.2009 in O.S. No. 283 of 2006 on the file of the II Additional Subordinate Court, Coimbatore.
2. Heard Mr. S. Jaganathan, learned counsel for the appellants, Mr.K.Krishna Kumar, learned counsel appearing for M/s. Sarvabhavam Associates for R1 to R3, and Mr. R. Dilli Kumar, learned counsel appearing for R4, and perused the material available on record.
3. For the sake of convenience, the parties herein are referred to as they were ranked in the suit.
4. The appellants are the defendants in O.S. No. 283 of 2006, filed by the respondents 1 to 3 /plaintiffs seeking partition and claiming 1/4th share in the suit property. The plaintiffs contended that the suit property was the absolute property of the late Angathal, who died intestate, leaving behind three sons, one daughter, and the legal heirs of her predeceased son, Prammalingam.
5. The defendants D1 and D2 disputed the plaintiffs' claim, asserting that Angathal did not die intestat
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