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2024 Supreme(Online)(MAD) 38376

HIGH COURT OF MADRAS
R.Sakthivel, J
KALARANI – Appellant
Versus
KATHIRVEL – Respondent


Advocates:
Mr.S.Saravana Kumar

JUDGMENT

This Second Appeal is directed against the Judgment and Decree dated October 6, 2020 made by the ‘Principal District Court, Namakkal’ ['First Appellate Court' for short] in A.S.No.80 of 2019, whereby the Judgment and Decree dated December 11, 2017 of the Subordinate Court, Namakkal ['Trial Court' for short] made in O.S.No.111 of 2012 was partly modified. Dissatisfied with the First Appellate Court's Judgment and Decree, the plaintiff has preferred this Second Appeal.

2.In the Original Suit, the appellant herein is the plaintiff, the st nd nd 1 respondent herein is the 2 defendant, and the 2 respondent herein is st the 1 defendant. Hereinafter, for the sake of convenience, the parties will be denoted as per their array in the Original Suit.

Plaintiff’s Case in Brief:

3.One Kali Gounder had two sons, Muthusamy and Seerangan. Muthusamy had one son, namely the first defendant, and one daughter, namely Kamali. The Suit Properties are ancestral and joint family properties of Muthusamy (plaintiff’s grandfather). It consists of 19 items, out of which, majority were originally ancestral and joint family properties allotted to the share of Muthusamy vide Registered Partition Deed dated

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