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2025 Supreme(Online)(Mad) 61208

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
Munusamy – Appellant
Versus
Mallika – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.Nicholas
For the Respondents: Mr.C.Jagadish, Mr.B.Gnanavinodhan

Table of Content
1. nature of ownership contested in partition claim. (Para 1 , 2 , 3)
2. arguments for and against established family property rights. (Para 8 , 9 , 10)
3. final dismissal of appeal confirmed previous court's findings. (Para 30)

JUDGMENT

The defendants 1 to 3 are the appellants. The respondents 1 to 3 filed a suit for partition claiming ½ share in the suit properties. The trial Court decreed the suit granting preliminary decree for 1/5th share in respect of item Nos.1 to 4, 8 to 14 in 'A' schedule, entire 'B' schedule and item No.1 of 'C' schedule. The trial Court has granted permanent injunction restraining the defendants from alienating or encumbering the above mentioned items till the partition by metes and bounds. Aggrieved by the said judgment and decree, the defendants 1 to 3 have come by way of this appeal.

2. According to the respondents 1 to 3/plaintiffs, the first plaintiff is the wife of one late Duraisamy, the plaintiffs 2 and 3 are children of said Duraisamy. The first defendant is brother of Duraisamy. The defendants 2 and 3 are sons of first defendant. The defendants 4 and 5 are sisters of late Duraisamy and first defendant Munusamy. The 6th defendant is

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