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2025 Supreme(Online)(Mad) 71090

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.Karthikeyan, K.Kumaresh Babu, JJ
Paneerselvam @ Nellappan (died) – Appellant
Versus
Amsavalli – Respondent


Advocates:
For the Appellants: Mr. T.S.Baskaran
For the Respondents: Mr. D.Baskar for Mr.R.Gururaj

JUDGMENT

(Order of the Court was made by C.V.KARTHIKEYAN, J.

The defendants in O.S.No. 149 of 2008 on the file of the Additional District Court / Fast Track Court No.II at Cuddalore are the appellants herein.

2. During the pendency of the Appeal, the first appellant died and his legal representatives have been brought on record as third to sixth appellants. It is to be noted that the first and second appellants are the brothers of the first and second respondents.

3. The first and second respondents had filed O.S.No. 149 of 2008 seeking partition and separate possession of their ½ share in the suit schedule property. The suit schedule property was land and building measuring 3150 square feet at Door No. 5-B/245 at Gangaikondan, Vridhachalam Taluk, Cuddalore. By Judgment dated 27.04.2011, a preliminary decree was passed granting partition of the suit schedule properties. Questioning that Judgment and Preliminary decree, the defendants had filed the present appeal.

O.S.No. 149 of 2008 – Additional District Court/Fast Track Court -II, Cuddalore:

4. The plaintiffs, who are sisters of the defendants claimed that the suit schedule property belonged to their father, Subramania Mudaliar. After t

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