Irusa Gounder vs Palani - 2025 Supreme(Mad) 3765

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3765

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice R. Hemalatha, J
Irusa Gounder – Appellant
Versus
Palani – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.B.Kumarasamy
For the Respondent: Mr.S.Lakshmanasamy

JUDGMENT :

R.Hemalatha, J.

The appellant is the first defendant in O.S.No.184/2009 on the file of the II Additional District Munsif Court, Bhavani. The Respondents/plaintiffs filed the suit for partition of the suit properties into four equal shares and to allot one such share to them.

2. For the sake of convenience, the parties are referred to as per their ranking in the Trial Court and at appropriate places, their rank in the present second appeal would also be indicated.

3. The case of the plaintiffs in a nutshell is as follows :

The suit properties originally belonged to one late Sengoda Gounder who had four sons by names Muthu Gounder, Arumugam, Chinna thambi and Emana Gounder and among them, Chinna thambi alone is alive and he has been shown as third defendant in the suit. Sengoda Gounder's wife died long back. The plaintiffs are the legal heirs of the deceased Muthu Gounder. The defendants 1 and 2 are the legal heirs of the deceased Arumugam, while the defendants 4 and 5 are the legal heirs of the third defendant. The sixth defendant is the legal heir of the deceased Emana Gounder. The plaintiffs have 1/4th share in the suit properties. Since the plaintiffs felt that they cannot