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2023 Supreme(Online)(Mad) 98548

MADRAS HIGH COURT
C.VALARMATHI – Appellant
Versus
KULANDAYAMMAL(DIED) – Respondent


S.A.No.1 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

S.A.No. 1 of 2018

and

C.M.P.No.26 of 2018

C.Valarmathi

...Appellant

Vs.

Kulandayammal (died)

1.P.Selvaraj

...Respondent

PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code,

to set aside the judgment and decree dismissing the A.S.No.16 of 2016 dated

01.07.2017 on the file of the I Additional Subordinate Judge, Erode confirming

the Judgment and decree in O.S.No.42 of 2014 dated 01.12.2015 on the file of I

Additional District Munsif at Erode.

For Appellant

: Mr.Prakash Goklaney

For Respondent

: Mr.T.Gowthaman

JUDGEMENT

The unsuccessful plaintiff in the suit for partition is the appellant. The

appellant filed a suit for partition claiming ½ share in the suit property against

1/16

https://www.mhc.tn.gov.in/judis

S.A.No.1 of 2018

the respondents/ her deceased mother Kulandayammal. The suit was dismissed

by the Trial Court and the first appeal filed by the appellant was also dismissed.

Challenging the concurrent findings against her, the appellant has come before

this Court by way of second appeal.

2. According

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