S.A.(MD) No.325 of 2011

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Judgment Reserved On

31.01.2023

Judgment Pronounced On

20.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

S.A.(MD) No.325 of 2011

Leelavathi

.. Appellant/Respondent/

Plaintiff

-vs-

Chellaswami

.. Respondent/2^nd Appellant/

2^nd Defendant

Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside

the judgment and decree dated 25.01.2010 made in A.S.No.24 of 2006 on

the file of the District Court, Kanniyakumari reversing the judgment and

decree dated 13.04.2006 made in O.S.No.211 of 1998 on the file of the First

Additional Sub Court, Nagercoil.

For Appellant

:

Mr.N.Vallinayagam

Senior Counsel

assisted by

Mr.T.Antony Arulraj

For Respondent

:

Mr.S.Meenakshi Sundaram

Senior Counsel

assisted by Mr.M.Sengu Vijay

___________

Page 1 of 46

https://www.mhc.tn.gov.in/judis

S.A.(MD) No.325 of 2011

JUDGMENT

The plaintiff in the suit is the appellant. The suit is for partition of

appellant's 1/3^rd share over the suit property. The suit was partly decreed in

respect of Items 1, 3 and portion of 4^th Item viz., 25½ cents. On appeal filed

by the defendants, the findings of the trial Cour