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2025 Supreme(Online)(Mad) 60287

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
Amudham – Appellant
Versus
Sakundhala – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Parthasarathy, M/s.P.Dinesh Kumar
For the Respondents: Mr.Raja Rajan

JUDGMENT

Feeling aggrieved by the Judgment and Decree dated March 7, 2019 passed in O.S.No.13 of 2015 by the 'III Additional District Court, Kallakurichi' ['Trial Court' for brevity], the plaintiff therein has filed this Appeal Suit under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908 ' ['CPC' for short].

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

PLAINTIFF'S CASE

3. The Suit Properties are all ancestral and joint family properties of Nangoor Udaiyar. The first defendant is his wife. In their wedlock, they had one son – one Tamilarasan and two daughters – the plaintiff and one Vimala. The second defendant is wife of said Tamilarasan. The third defendant and one late Sujatha are daughters of Tamilarasan.

3.1. During his lifetime, Nangoor Udaiyar was managing the Suit Properties as manager of the joint family. After the death of Nangoor Udaiyar in 1976, his son - Tamilarasan managed the Suit Properties as joint family Manager without effecting any partition.

3.2. The plaintiff got married in 1978. The other daughter - Vimala passed away intestate as a bachelorette in 1991 leaving behin

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