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2025 Supreme(Online)(Mad) 60612

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, J
Dhanalakshmi – Appellant
Versus
N. Palanisamy (Died) 1. P. Muthurathinam P. Ravichandran (Died) – Respondent


Advocates:
For the Appellant: Mr. J. Franklin
For RR 1 and 3: No Appearance
For RR 7 and 8: Mr. N. Manokaran

JUDGMENT

The plaintiff in the partition suit being aggrieved by the dismissal of the suit in O.S.No.187 of 2016, vide order dated 30.04.2019 by the learned II Additional District & Sessions Judge, Tiruppur has preferred this appeal.

2. The case of the plaintiff as seen from her pleadings is that, she is the grand daughter of one Nachimuthu and the suit property is an ancestral property devolved to her father namely Palanisamy from her grand father. The said Nachimuthu had three children and the property was divided among them by virtue of a partition deed dated 07.07.1979, by which the A-schedule property mentioned in the partition deed was allotted to her father Palanisamy and her grand father Nachimuthu. The plaintiff got married after the State amendment 1/90 came into force and therefore, she has equal right in the ancestral property, it is more fully described in the schedule to the plaint.

3. According to the plaintiff, after the division of the family property among the Nachimuthu and his sons, vide document dated 07.07.1979, the said Nachimuthu died in the year 1980 leaving behind his son Palanisamy (who is the first defendant) as his legal heir, thus the entire family proper

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