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2024 Supreme(Online)(MAD) 22086

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. DHANABAL
KALAIARASI – Appellant
Versus
ESAKKIAMMAL – Respondent


JUDGMENT

This Appeal Suit has been filed as against the judgment and decree passed in O.S. No. 52 of 2011 on the file of the I Additional District Jude, Tirunelveli, Wherein respondents 1 to 4 herein have filed a suit for the relief of partition and the same was decreed. 2.As against the decree and judgment passed by the trial Court, the second and third defendants have preferred this present appeal.

3. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking in the Trial Court.

4. The gist of the plaint averments are as follows:

Originally the suit properties belongs to one Kannan @

Sudalaikan, S/o.Balaiya Thevar. The first scheduled property is residential house and second schedule property is agricultural land and the same was purchased by the said Kannan @ Sudalaikan through sale deed dated 12.07.2001. The said Kannan @ Sudalaikan died intestate on 23.06.2006 leaving behind his wife first plaintiff and his daughters 2 to 4 plaintiffs and first defendant as his legal heirs to succeed his estate. The plaintiffs and the first defendants are in joint possession and enjoyment of the suit property. The plaintiffs are entitled to 4/

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