JUDGMENT

The Civil Miscellaneous Appeal is directed against the Judgment and Decree passed in A.S.No.42 of 2020, dated 02.12.2021, on the file of the Subordinate Court, Aruppukkottai.

2. The gist of the plaint is as follows:

(a) Originally the suit property belonged to the plaintiff's grandfather Muthiah Kudumban. After the death of Muthiah Kudumban, the plaintiff's father – first defendant herein and his brothers Lakshmanan and Dhanushkodi had partitioned the property orally and in that oral partition, the suit property was allotted to the share of the first defendant. The first defendant had married the plaintiff's mother Packiam and their three male children had died in their young age. The plaintiff is the only remaining legal heir of the first defendant. The first defendant had left the plaintiff and her mother and was residing with one Parvathi, who is the wife of one Maruthu and her son Thayamuthu. As per the Hindu Succession Amendment Act, the plaintiff is entitled to get ½ share in the suit property. The plaintiff's husband is a Muslim and they had married on 25.03.1999. The second defendant is the friend of the first defendant. The plaintiff has sent a legal notice to the d