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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
V.Shree Gandhi – Appellant
Versus
Kalamani – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the high court in appeal (Para 1 , 2) |
| 2. factual background of partition suit (Para 3) |
| 3. defendants' rebuttals in their pleadings (Para 4 , 5 , 6) |
| 4. plaintiff's claim and defences (Para 10 , 11 , 12) |
| 5. critical issues for appeal determination (Para 13 , 14 , 15 , 16) |
| 6. admissibility and effect of partition deeds (Para 21 , 22 , 23 , 24 , 25) |
| 7. implications of relinquishment and its validation (Para 27 , 28 , 29 , 30) |
| 8. final disposition and order of appeal (Para 34 , 35 , 36) |
JUDGMENT
Feeling aggrieved by the Judgment and Decree dated August 6, 2015 passed in O.S.No.185 of 2013 by the 'I Additional District Court, Erode' ['Trial Court' for brevity], the defendants 1 and 2 therein have filed this Appeal Suit under Section 96 read with Order XLI Rule 33 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. Case of the plaintiff as put forth in the plaint and the reply statement is as follows:
3.1. The suit properties along with some other properties were originally an ancestral entitlement of Karuppana Gounder. Ka
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