IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 26.02.2020 CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

1.Venkatachalam

2.Ayyandurai .. Appellants Versus

1.P.Pachamuthu

2.P.Palanivel

3.A.T.Raja 4.Pavayee

5.Kamala .. Respondents Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and Decree in A.S.No.127 of 2012, dated 21.08.2013, on the file of the Principal Subordinate Judge, Salem in confirming the Judgment and Decree in O.S.No.1150 of 2007, dated 22.06.2012 on the file of II Additional District Munsif, Salem.

For Appellants : Mr.V.Raghavachari For Respondents : Mr.C.Emalias for R-1 No appearance for R-2 to R-5 ----

JUDGMENT

The unsuccessful plaintiffs in O.S.No.1150 of 2007, on the file of II Additional District Munsiff, Salem are the appellants herein. The suit was filed for partition of the suit property into two equal shares and allot one such share to the plaintiffs and for possession.

2. The undisputed facts are that the suit properties and other properties were originally owned by Porappa Gounder. He had two sons viz., Vellaiyan @ Marimuthu Gounder and Sadayan @ Porappa Gounder. The said Vellaiyan @ Marimuthu Gounder has one son-Pachamuthu an