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2024 Supreme(Online)(MAD) 374

HIGH COURT OF MADRAS
Hon`ble Mr Justice R. SUBRAMANIAN
M.M.Kumaresan – Appellant
Versus
M.Shanmugavadivu – Respondent


Advocates:
Mr.K.Sukumaran, Mr.C.Veeraraghavan, Mr.P.Valliappan, Mr.V.Ramesh Vel, Mr.M.Sriram

JUDGEMENT

. A.S.Nos.345 of 2017 & 898 of 2018 are arising from O.S.No.770 of 2008 on the file of ‘V- Additional District Judge, Coimbatore’ (henceforth ‘Trial Court’). A.S.Nos.350 of 2017 & 899 of 2018 are arising from O.S.No.65 of 2017 on the file of the Trial Court. Since, all these appeals are arising out of a common judgment and decree dated April 19, 2017, they are disposed of by this common judgment.

2. For the sake of convenience, the parties will hereinafter be referred to as per their array in the Partition Suit namely, O.S.No.770 of

2008. Case of the Plaintiff :

3. The Suit Properties are the absolute properties of M. Mylsamy Gounder by virtue of a registered Partition Deed dated April 30,

1952. He possessed and enjoyed these properties as his own until his death. He died intestate on May 24, 1996, leaving behind the plaintiff and the first defendant (D1) as his legal heirs, who are each entitled to half share in the Suit Properties. Since their father's death, the plaintiff and D1 have jointly possessed and enjoyed the Suit Properties, sharing the expenses and income from them. Over the past six months, misunderstandings have arisen between the plaintiff and D1, leading to th

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