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2024 Supreme(Online)(MAD) 15196

HIGH COURT OF MADRAS
Honourable Mr Justice K.KUMARESH BABU
LAKSHMI – Appellant
Versus
P. PONNUSAMY – Respondent


JUDGMENT

The Appeal Suit had been filed by the unsuccessful plaintiff challenging the judgment and decree made in O.S.No.76 of 2005, wherein her claim for a partition of the scheduled mentioned property had been rejected.

2. The brief facts of the case are that the plaintiff, defendants 1&2 are brothers and sister and defendants 3 to 6 are the legal heirs of their pre-deceased sister.

3. The case of the plaintiff is that the scheduled mentioned property belonged to her father one Pache Gounder and that after his demise, the defendants 1 and 2 have been denying the rightful share to the plaintiff on one protext or another. She had originally initiated a Suit in O.S.No.454 of 1992, which after a settlement between the parties was withdrawn by the plaintiff as being settled out of Court. The settlement that was arrived at between the parties was that they would give her rightful shares in the properties. However, even after a long time, the defendants 1 and 2 have been evading the partition of the properties. While that being so, in the year 2002, a partition deed was sought to be registered by the defendants 1 and 2 in which they had also obtained the signature from the plaintiff by gi

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