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2022 Supreme(Online)(MAD) 4189

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R. VIJAYAKUMAR
KUMARAYEE AMMAL – Appellant
Versus
SAKKAIAH – Respondent


JUDGMENT

The plaintiffs are the appellants herein.

2. The plaintiffs filed O.S.No.501 of 2007 before the District Munsif, Thirumangalam for partition claiming 3/4th share over the suit schedule properties and for permanent injunction restraining the defendants not to alienate the suit properties to third parties before partition is effected. The plaintiffs further prayed for a permanent injunction restraining the defendants from erasing the physical features of the suit schedule properties. The suit was dismissed by the trial Court. The plaintiffs filed A.S.No.50 of 2018 before the Sub Court, Thirumangalam. The learned Subordinate Judge was pleased to dismiss the appeal. As against the concurrent findings, the plaintiffs filed the present Second Appeal.

3. The plaintiffs had contended that suit schedule properties originally belonged to one Kantha Thevar ancestrally and he died leaving behind his wife Kumarayee Ammal and four daughters by name, Kumarayee Ammal, Ramayee Ammal, Alagammal and Meenakshi Ammal. The legal heirs of Meenakshi Ammal were impleaded as D1 to D3. One of the daughters of Kantha Thevar, Kumarayee Ammal is the plaintiff. The legal heirs of the other daughter, Ramay

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