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2024 Supreme(Online)(MAD) 379

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
LAWRANCE GOMES – Appellant
Versus
MRS. MILLICENT THERASA TOWERS – Respondent


Advocates:
Mr.Praveen Alexander for Plaintiffs 1, 3 & 4, Mr.I.Bobby Portia

JUDGEMENT

The 1st plaintiff and the 2nd plaintiff are brother and sister. The defendant is the sister of their father. The 2nd plaintiff died during the pendency of the suit. Thereafter, the 3rd and 4th plaintiffs have been impleaded by order dated 31.08.2023 in A.N0.3170 of 2023. 2.The plaintiffs had filed the suit seeking partition of the suit property into two half shares and for allotment of one such share to them.

The property is land and building measuring one ground and 1689 sq.fts, totally admeasuring 4089 sq.fts at Door No.23/15, Muthu Gramini Street, Santhome, Chennai – 600 004.

3.A learned Single Judge of this Court by judgment dated

06.03.2024 had passed a preliminary decree as follows: “20. In view of the discussions made herein above, the issue Nos. 1 to 4 are answered accordingly in favour of the plaintiff holding that the entire suit property is available for partition and Ex.P.2 is not valid in the eye of law insofar as it relates to the mutual arrangement in respect of partition of the suit property and that the plaintiffs 1 and 2 together are entitled to half share in the suit property and on the death of the 2nd plaintiff, her share will devolve upon her legal heirs

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