IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 29.08.2025 Pronounced on 21.11.2025 CORAM THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.A.No.592 of 2020 and C.M.P. No.12402 of 2020

1. P. Sivagnanam

2. P. Ganesan ...Appellants Vs.

1. Ramasamy

2. Gopalakrishnan

3. Muthammal @ Muthulakshmi ...Respondents Prayer : Second Appeal filed under Section 100 CPC, 1908 against the judgment and decree dated 26.11.2019 passed in A.S. No.63 of 2019, on the file of the Principal District Court, Namakkal, reversing the Judgment and decree dated 03.07.2019 passed in O.S.No.349 of 2014, on the file of the Principal Sub Court, Namakkal.

For Appellants : Mr. S. Mukunth, Senior Advocate for Ms. T.R. Gayathri for M/s. Sarvabhauman Associates For Respondents : Mr. K.A. Mariappan

JUDGMENT

This Second Appeal is preferred against the judgment and decree dated 26.11.2019 passed in A.S. No.63 of 2019, on the file of the Principal District Court, Namakkal, reversing the Judgment and decree dated 03.07.2019 passed in O.S.No.349 of 2014, on the file of the Principal Sub Court, Namakkal.

2. The unsuccessful plaintiff before the lower appellate court has preferred this Second Appeal.

3. For the sake of convenience, the parties are referred to as per their ranking in the trial court.

4. The case of the plaintiffs is that the suit properties belonged to Karuppayammal by way of succession through her husband by way of sale deed dated 09.06.1983. During her life time, she has executed Ex.A4 Will dated 29.09.1995 in favour of the plaintiffs. According to the plaintiffs, after the demise of Karuppayammal on 30.09.1995, EX.A4 Will came into force and they are the absolute owners of the suit property and since the defendants 1 and 2 have made a cloud over the title, the plaintiffs filed the suit for declaration and permanent injunction.

5. The claim of the plaintiffs was resisted by the defendants by stating that the 1st defendant is the son and the defendants 2 and 3 are the grand sons respectively, of the Karuppayammal's sister. The said Karuppayammal executed a Will in favour of Marimuthu (elder brother of the 1st defendant) on 17.11.1992 with regard to the items 1 to 3 of the suit properties. Further, Varudappa Asari, husband of Karuppayammal, during his life time executed a Will dated 02.07.1957 in favour of Marimithu and 1^st defendant with regard to the properties purchased by him, which is termed as 4^th item of the suit properties. The 5^th item of the suit properties originally belonged to the father of the 1^st defendant and after his death, the 1^st defendant inherited the same. The 6^th item of the suit properties was purchased by Varudappa Asari and as per Will dated 02.07.1957, the defendants are entitled to the same. The 7^th item of the suit properties belonged to Pappayammal (mother of the 1^st defendant), Wife of Kuppanna Asari, vide settlement deed dated 02.04.1947. Since Pappayammal died intestate, the 7^th item of the suit properties devolves upon the defendants by way of succession. According to the defendants, Ex.A4 Will executed in favour of the plaintiffs by Karuppayammal in respect of the suit properties is a forged one and prayed for dismissal of the suit.

6. The trial court, after framing the issues and recording the evidence, decreed the suit vide its judgment and decree dated 03.07.2019 by holding that the plaintiffs are the owners of the suit properties and directed the defendants to hand over the possession of the suit properties within a period of three months.

7. Being aggrieved by the judgment and decree passed by the trial court, the defendants preferred an appeal in A.S. No.63 of 2019 before the Principal District Court, Namakkal. The first appellate court, vide its judgment and decree dated 26.11.2019 allowed the appeal thereby dismissing the suit filed by the plaintiffs.

8. Challenging the judgment and decree passed by the first appellate court, the present Second Appeal is preferred.

9. The Second Appeal has been admitted on the fol