IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 PRESENT:

THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE P.Sellappan, S/o.Pachamuthu

5/173-A, Bharathiyar Street, Gupta Nagar, Angammal Colony, Salem – 636 009. ….Appellant Vs.

1.Ramamoorthy, S/o.Venkatachala Naicker, D.No.11, Sivaguru Street, Attur Town, Attur Taluk, Salem District.

2.Jothi, W/o.Chakkarapani

14, Sivaguru Street, Attur Town – 636 102.

3.Mohanraj S/o.Chakkarapani, 14, Sivaguru Street, Attur Town – 636 102.

4.Rani @ Soundari, W/o.M.Kalaiselvan, 2, Sivaguru Street, Attur Town – 636 102.

5.Hamsaveni D/o.Chakkarapani, 14, Sivaguru Street, Attur Town – 636 102. 6.Lakshmana Moorthy S/o.Late Venkatachala Naicker, 10-A, Sivaguru Town, Attur Town – 636 102.

7.Kousalya, D/o.Sridharan, 25, Sivalaya Nagar, Alagapuram, Salem – 636 015.

8.Jeevarathinam D/o.Sridharan

89, Chamundi Street, Gugai, Salem – 663 006.

9.Kalaivani, D/o.Sridharan, Gandhi Nagar, Vellore Town & Post, North Arcot District.

10.Amaravathi, W/o.Chandran, 65, Naduseriyar Street, Mandavalli Area, Attur Town.

11.T.Kandasamy, S/o.father's name not known

100/11, Gandhi Nagar, Attur Town – 636 102.

12.Poongodi W/o.Late Manivannan

13.Vijayalakshmi D/o.Late Manivannan

14.Prasanna S/o.Late Manivannan, Res.12 to 14 are residing at

89, Chamundi Street, Gugai, Salem – 663 006. …Respondents PRAYER:

Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 22.04.2013 in A.S.No.38 of 2010 on the file of I Additional District Judge, Salem, reversing the Judgment and decree dated 11.12.2009 in O.S.No.511of 2003 on the file of Principal Subordinate Court, Salem.

APPEARANCE:

For Appellant : Mr.P.Jagadeesan For Respondent : Mr.D.Shivakumaran for R1 R2, R3, R4, R5, R6 R8, R10, R12, R13 & R14 Notice served R7 – No such Address R9 – Insufficient address

J U D G M E N T

Heard.

2.The above Second Appeal is preferred against the judgment and decree dated 22.04.2013 made in A.S.No.38 of 2010 on the file of the I Additional District Court, Salem, whereby the lower appellate court reversed the findings of the trial court rendered in O.S.No.511 of 2003 by judgment and decree dated

11.12.2009 passed by the Principal Subordinate Judge, Salem.

3.By the impugned judgment, the lower appellate court enhanced the plaintiff’s share in items 1 to 5 of the plaint schedule properties from ¼ to 3/10, and further set aside the exemption granted by the trial court in respect of item No.6, a portion of the property purchased by the 12th defendant during the pendency of the suit, which had been excluded from partition. Aggrieved by the th said reversal of findings, the present Second Appeal is filed by the 12 defendant, the Lis pendent purchaser.

4.The 12^th defendant is the appellant and the For the sake convenience the parties are referred to as in the trial court.

5.The brief background of the case necessary to dispose of this appeared are as follows: The plaintiff filed the suit seeking partition of six items of properties. According to him, items 1 to 5 are ancestral properties belonging to their father, R. Venkatachala Naicker, who had four sons, namely: Sridharan (son through the first wife), the plaintiff, Chakrapani, and Lakshmanamurthy (sons through the second wife). The plaintiff further contends that their father, R. Venkatachala Naicker , executed a Will dated 25.08.1973 bequeathing his undivided 1/5th share in the ancestral properties jointly in favour of the plaintiff and the 5th defendant. Thus, according to the plaintiff, he is entitled to 1/5th share by birth and ½ share out of his father’s 1/5th share under the Will, thereby claiming a total 3/10th share in items 1 to 5 of the suit properties. 6.In respect of item No.6, the property originally belonged to Sridharan, who settled the property in favour of his father, R. Venkatachala Naicker, granting him a life estate, and thereafter to his heirs absolutely. R. Venkatachala Naicker died on 23.06.1988, leaving behind his second wife Dhanalakshmi Ammal, the wife