2023/MHC/5171 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.A(MD)NO.89 OF 2023 Thangam :Appellant/Appellant/Defendant .vs.

Ganapathy :Respondent/Respondent/Plaintiff PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree made in A.S.No. 72 of 2019, dated 11.3.2020, on the file of the Principal District Judge, Tirunelveli, confirming the judgment and decree made in O.S.No.130 of 2015, dated 27.06.2019, on the file of Sub-Court, Sankarankovil.

For Appellant :Mr.F.X.Eugene For Respondent :Mr.V.Meenakshisundaram for M/s.D.Nallathambi

JUDGMENT

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Challenge is made to the judgment in A.S.No.72 of 2019, dated 11.3.2020, on the file of the Principal District Judge, Tirunelveli, confirming the judgment in O.S.No.130 of 2015, dated

27.06.2019, on the file of Sub-Court, Sankarankovil.

2.The appellant and the respondent are brother and sister.

The respondent, as plaintiff, filed a suit in O.S.No.130 of 2015 seeking the relief of partition in respect of the suit properties. The case of the respondent/Plaintiff is that the suit properties belong to both the plaintiff and defen