S.A.(MD).Nos.193 of 2016 and 384 of 2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON

: 02.02.2023

PRONOUNCED ON

: 24.03.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

S.A.(MD).Nos.193 of 2016 and 384 of 2014

and

M.P.(MD).No.1 of 2014

S.A.(MD).No.193 of 2016:

1.Mary Amitharaj

2.Vincent Theigaraj

3.Philomene Robert

... Appellants

Vs

1.V.George Peter

2.V.Maria Jesu (Died)

3.V.Francis Xavier

4.Michael Maria Rethinam

5.M.Maria Vinola

(R4 and R5 are brought on record as LRs of

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Page 1 of 26

S.A.(MD).Nos.193 of 2016 and 384 of 2014

deceased 2^nd respondent vide Court order dated

12.03.2018 made in C.M.P.(MD).Nos.2382 to

2384 of 2018 in S.A.(MD).No.193/2016)

6.Maria Evangeline

7.Viswath Antony Arockiaraj @ F.Viswathraj

8.Viswath Arul Rajan

... Respondents

(RR 6 to 8 are impleaded vide Court order dated

19.01.2021 made in C.M.P.(MD)No.2010 of 2020

in S.A.(MD).No.193/2016)

Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code,

praying to set aside the Judgment and Decree passed by the Court of the

Principal District Judge, Virudhunagar District at Srivillputhur in A.S.No.02

of 2012 on 30.10.2013 in reversing the well considered Judgment and

Decree passed by the Court of the Subordinate Judge, Srivilliputhur in

O.S.No.310 of 1996 on 30.09.2011 and allow this Second Appeal.

For Appellants

:

Mr.S.Parthasarathy

Senior Counsel

for Mr.G.Marimuthu

For R1

:

Mr.J.Bharathan

for I.Velpradeep

For R2

:

Mr.A.Sivaji

For R4 and R5

:

Mr.K.Govindarajan

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Page 2 of 26

S.A.(MD).Nos.193 of 2016 and 384 of 2014

For R7

:

Mr.S.Ponsenthilkumar

For R8

:

Mr.S.C.Herold Singh

S.A.(MD).No.384 of 2014:

V.Francis Xavier

... Appellant

Vs

1.V.George Peter

2.Mary Amirtharaj

3.Vincent Theigaraj

4.Philomene Robert

5.V.Maria Jesu (Died)

6.Michael Maria Rethinam

7.M.Maria Vinola

... Respondents

(Respondents 6 and 7 are brought on record as

LRs of the deceased 5^th Respondent vide Court

order dated 04.01.2018 made in C.M.P.(MD).No.

7855 of 2017)

Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code,

praying to set aside the judgment and decree in A.S.No.2 of 2012 on the file

of the Principal District Judge, Virudhunagar District at Srivillputhur dated

___________

Page 3 of 26

S.A.(MD).Nos.193 of 2016 and 384 of 2014

30.10.2013 reversing the judgement and decree in O.S.No.310 of 1996 on

the file of the Sub Court, Srivilliputhur dated 30.09.2011.

For Appellant

:

Mr.A.Sivaji

For R1

:

Mr.J.Bharathan

for I.Velpradeep

For R2 to R4

:

Mr.S.Parthasarathy

Senior Counsel

for Mr.G.Marimuthu

For R6 and R7

:

Mr.K.Govindarajan

C O M M O N J U D G M E N T

These Second Appeals are arising out of judgment and decree passed

in A.S.No.2 of 2012 on the file of the Principal District Court, Virudhunagar

District at Srivilliputhur reversing the decree for partition granted by the

Trial Court in O.S.No.310 of 1996 on the file of Sub Court, Srivilliputhur.

2. The parties are referred in this judgment as per their ranking in

Second Appeal in S.A.(MD).No.193 of 2016.

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S.A.(MD).Nos.193 of 2016 and 384 of 2014

3. The Second Appeal in S.A.(MD).No.193 of 2016 is filed by the

plaintiffs in the suit. The suit was filed for partition against the respondents.

The suit was decreed by the Trial Court and the findings of the Trial Court

were reversed by the First Appellate Court on appeal filed by the 1^st

respondent. Therefore, the plaintiffs have come up by way of this second

appeal.

4. The Second Appeal in S.A.(MD).No.384 of 2014 is filed by 4^th

defendant in the suit aggrieved by the judgment and decree passed by the

First Appellate Court upholding the Will pleaded by the 1^st respondent.

Plaint Averments:

5. According to the appellants in S.A.(MD).No.193 of 2016/plaintiffs,

the suit properties originally belonged to their father S.Viswasam Nadar. He

died intestate on 28.10.1996 leaving behind his daughters, the

appellants/plaintiffs and 3