IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Jothiraman, J
Kaveriappan S/o. Muthusamy Gounder – Appellant
Versus
Govindan S/o. Kaveriappan – Respondent
ORDER
Unsuccessful plaintiffs have preferred an appeal. The suit is filed for partition, separate possession, declaration, and for permanent injunction, the trial Court had dismissed the suit.
2. The parties are referred to as per their rankings in the trial Court.
3. The brief case of the plaintiffs are as follows:
The plaintiffs 2 and 3 and the first defendant are the sons of the first plaintiff. The 5th defendant is the daughter of the first plaintiff. The defendants 2 to 4 are the sons of the first defendant. They are the members of Joint Hindu Family and are in joint possession of the suit properties and other properties. The plaintiffs and the defendants 1 and 5 have jointly executed a sale deed on 05.11.2008 in respect of the properties situated at Thoppur Village in S.Nos.397, 406/2, 407/1 in favour of Senthamarai Ramanujam Educational Trust. The first plaintiff is the karta of the family and is maintaining the joint family properties. Even though the pattas stands in the name of the plaintiffs and the first defendant separately, there is no partition in respect of the joint family properties. The plaintiffs and defendants 1 and 5 are enjoying the suit properties jointly. After
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