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2024 Supreme(Online)(MAD) 28467

HIGH COURT OF MADRAS
T.V.THAMILSELVI, J
S.M. ARUMUGHAM – Appellant
Versus
MALATHI – Respondent


JUDGMENT

The appellants herein are the 6th and 7th defendants in the suit have preferred this Second Appeal challenging the findings of the courts below in the Appeal Suit in A.S.No. 22 of 2013 on the file of Principal District Judge, Erode modifying the judgment and decree passed in O.S.No.383 of

2009 on the file of the Subordinate Court, Perundurai.

2. For the sake of convenience, the parties are referred as per the ranking in the suit.

3. Brief facts of the case is as follows :-

Before the trial court, the respondents 1 and 2/plaintiffs filed a suit for the relief of partition in O.S.No.383 of 2009 on the file of Subordinate Judge, Perundurai. The plaintiffs are wife and daughter of one deceased Chidambaram. The 1st defendant is V.N.Chenniappan and the 3rd defendant V.N.Chennimalai is the son of 1st defendant, thereby, the defendants 1 and 3 and the said Chidambaram are undivided Hindu joint family members. The 4th and 5th defendants are daughters of 1st defendant and they have already got married before the year of 1990. The first item of suit property is ancestral property of 1st defendant. The 2nd and 3rd item of suit properties were purchased by the 1st defendant, as a kartha of

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