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2025 Supreme(Online)(Mad) 76080

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr Justice G. JAYACHANDRAN
ANANTHAGOPAL – Appellant
Versus
VEDAVALLI – Respondent


COMMON JUDGMENT

1.The suit for partition in O.S.No.6 of 2007 was allowed by the Additional District Judge, Puducherry, Karaikkal. The present appeals are directed against the judgment and preliminary decree dated 30.03.2010 passed in the said suit.

2. In the suit, the appellant in A.S.No.708 of 2010 is the 4th defendant; the appellant in A.S.No.817 of 2010 is the 1st defendant; and the appellant in A.S.No.579 of 2022 is the 3rd defendant. The successful plaintiffs 1 to 6 are arrayed as respondents 1 to 6 in all these appeals. The appeal in A.S.No.694 of 2010 filed by the 2nd defendant dismissed for default on 15.02.2019.

3. The plaintiffs are the wife and daughters of Krishnasami Pillai.

The 1st defendant is his son. The case of the plaintiffs is that Krishnasamy Pillai died intestate on 4.8.1990, leaving the plaintiffs and the first defendant. According to the customary Hindu Law in Pondicherry and Karaikal, after the death of Krishnasamy, all his legal heirs succeeded his estate equally being the co-owners. The plaintiffs and the first defendant are in possession and enjoyment of properties as tenants in common as each co-sharers having a definite share of 1/7 in the properties.

3 (ii

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