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2024 Supreme(Online)(MAD) 12379

HIGH COURT OF MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
DHANALAKSHMI – Appellant
Versus
SAROJA – Respondent


J U D G M E N T

The present Second Appeal arises out of the judgment and decree of the Court of the Subordinate Judge at Kanchipuram in A.S.No.51 of 2011 in partly reversing the judgment and decree of the Court of the District Munsif-cum-

Judicial Magistrate at Uthiramerur in O.S.No.101 of 2006 dated 18.11.2010. For the sake of convenience, the parties are referred to as per their rank in the suit.

2. O.S.No.101 of 2006 was presented for declaration and injunction with respect to 'A' schedule mentioned property and for partition of 'B' schedule mentioned property.

3. The case of the plaintiffs is that there was one Balasubramania Mudaliar who passed away on 23.08.2001. The said Balasubramania Mudaliar was twice married. He married Saroja for the first time, who is the first plaintiff and through her, he begot Vinayagamoorthy, who is the second plaintiff. Balasubramania Mudaliar married the first defendant, for the second time and through her he had the second defendant Durairaj, the third defendant Singaravelu and the fourth defendant Chinnaraj.

4. The case of the plaintiffs is that the 'A' schedule mentioned properties are ancestral properties and therefore, the illegitimate children b

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