Gopal vs Shanthi - 2025 Supreme(Mad) 3866

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3866

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
Gopal – Appellant
Versus
Shanthi – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr.A.Thiagarajan, Senior Counsel for Mr.M.Sathish Kumar
For the Respondents: Mr.P.Mani

JUDGMENT :

This Second Appeal has been filed to set aside the judgment and decree dated 28.02.2011 made in A.S.No.62 of 2009 on the file of the Sub- Court, Ranipet reversing the judgment and decree dated 29.08.2008 made in O.S.No.83 of 2007 on the file of the Court of District Munsif-cum-Judicial Magistrate, Arcot.

2. Heard Mr.A.Thiagarajan, learned Senior Counsel for the appellants and Mr.P.Mani, learned counsel for the first respondent and perused the materials available on record.

3. The fourth defendant has purchased the suit property from the first defendant. The plaintiff who is the daughter of the first defendant and the sister of the defendants 2 and 3 has filed a suit for partition and the same was dismissed by the Trial Court. On the First Appeal preferred by the plaintiff, the First Appellate Court allowed the First Appeal and reversed the judgment and decreed the suit and passed a preliminary decree by allotting 1/4 share to the plaintiff. Aggrieved over that, the first and fourth defendants have preferred this Second Appeal. The first defendant died during the pendency of this Appeal and his legal heirs are already on record as the plaintiff and the defendants 2 and 3.