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2024 Supreme(Online)(Mad) 57258

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
Sathesh Kumar – Appellant
Versus
Vellaiammal – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Lakshmi Shankar
For the Respondents: Mr.R.R.Kannan, Mr.S.Ramesh

Table of Content
1. validity of release deed (Para 20)
2. legal principles on coparcenary (Para 26)
3. distribution of shares among heirs (Para 27 , 28 , 29)
4. modification of trial court's judgment (Para 30 , 31)
5. final decree and order (Para 32 , 33)

J U D G M E N T

This appeal suit has been preferred as against the decree and judgment passed in O.S.No.261 of 2004 on the file of the Additional District and Sessions Judge, Fast Track Court, Dindigul, dated 25.08.2005, wherein the appellants herein have filed a suit for the relief of partition and separate possession over the suit properties and the said suit was dismissed by the Trial Court. Aggrieved by the decree and judgment, the present appeal has been preferred by the plaintiffs.

The brief facts of the plaint are as follows:-

2.The first item of the schedule mentioned properties originally belonged to one A.Palaniappa Gounder ancestrally. The said Palaniappa Gounder had three sons namely A.P.Palaniappa Gounder, Kandhasamy Gounder and Veluchamy Gounder. After the demise of A.Palaniappa Gounder, his three sons had been in joint possession and enjoyment of the properties. The first son of A.Palaniappa Gounder namely A.P.Palaniappa Gou

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