Advocates:
['M/S P JAGADEESAN', '', 'M AHMED ZUBER', 'S SUNDAR RAJ', 'M/S J RAMAKRISHNAN', '', 'FOR R TO R']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N.SESHASAYEE

S.A.No.59 of 2008

and

M.P.Nos.1,2 and 3 of 2014

Narayanasamy

...Appellant/Respondent/Plaintiff

Vs

1.Ramasamy

2.Munusamy @ Mani

3.Alamelu

4.Thanammal

...Respondents/Appellants/Defendants

Prayer:- Second Appeal filed under Section 100 of Civil

Procedure Code against the Judgment and Decree on the file of

the District Judge, Tiruvannamalai made in A.S.No.26 of 1999,

dated 17-10-2006 reversing the Judgment and Decree on the file

of the Additional District Munsif No.1, Tiruvannamalai in

O.S.No.158 of 1996 dated 03.02.1999.

For Appellant

: Mr.P.Jagadeesan

For Respondents: Mr.P.Dinesh Kumar for

Mr. J.Ramakrishnan

JUDGMENT

The plaintiff, who has been successful before the trial

Court in a suit for partition that he instituted in O.S.No.158

of 1966, but suffered a decree dismissing the suit before the

first Appellate Court in A.S..No.26 of 1999 has come forward

with this Appeal challenging the same. Parties would be

referred to by their rank before the trial Court.

2. The third defendant is the mother of the plaintiff,

defendants 1, 2 a