R. Raghupathy vs Dhanalakshmi - 2025 Supreme(Mad) 4332

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4332

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. JUSTICE R.N.MANJULA, J
R. Raghupathy – Appellant
Versus
Dhanalakshmi – Respondent

Advocates Appeared:
For the Appellants : Mr. S. Parthasarathy.
For the Respondent: Mr. N. Sudharsan.

JUDGMENT :

(R.N. MANJULA, J.)

The appellant in both the appeals is the first defendant. The respondents 1 to 5 as plaintiffs have filed the suit for claiming partition of their 1/3 share in the suit property and the same was partly decreed by the trial Court by allowing 1/8 share to the plaintiffs and the shares of the first defendant has been determined as 5/8. Aggrieved over the said judgment and preliminary decree passed by the trial court, both the plaintiffs and the first defendant preferred the first appeals in A.S.Nos.25 & 15 of 2008 respectively. The first appeal preferred by the plaintiffs in A.S.No.25 of 2008 has been allowed by modifying the share of the plaintiff from 1/8 to 1/3 and the other appeal preferred by the first defendant in A.S.No.15 of 2008 was dismissed. However, the plaintiff's share has been determined as 1/3. Aggrieved by both the orders passed in both the appeals, the first defendant has preferred these appeals.

2. The averments made in the plaint filed by the plaintiff in brief: The suit property was originally belonged to one Nagammal as a self acquired property and her husband died intestate. The defendants 1 to 3 and one Gopalsamy are the legal heirs o