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2024 Supreme(Online)(MAD) 20127

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.MURALI SHANKAR
TMT.VIJAYALAKSHMI – Appellant
Versus
THIRU.K.KALIMUTHU – Respondent


COMMON JUDGMENT

These Second Appeals are directed against the judgment and decree passed in O.S.No.42 of 2015, dated 27.03.2017, on the file of the Additional District Court, Palani, reversing the judgment and decree made in O.S.No.184 of 2010, dated 04.06.2015, on the file of the Subordinate Court, Palani.

2. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.

3. Admittedly, the plaintiff and the first defendant are the daughters of the defendants 2 and 6 and the defendants 2 to 4 are brothers and the fifth defendant is their sister. Pending suit, the second defendant had died and hence, his wife has been impleaded as sixth defendant. It is not in dispute that the suit properties and other properties were the ancestral properties of one Kandasamy gounder, father of the defendants 2 to 5, who obtained the suit properties vide partition deed dated 07.10.1944.

4. The case of the plaintiff is that when the plaintiff was demanding partition and allotment of her share, the second defendant had been postponing the same on some pretext or the other, that when the plaintiff was verifying the records for the purpo

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