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2026 Supreme(Online)(Mad) 15506

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
V.Kathiravan – Appellant
Versus
1.Veluchamy – Respondent


Advocates:
For the Appellants/Petitioners: Mr.G.Gomathi Sankar
For the Respondents: Mr.S.Srinivasa Raghavan for R1, No appearance for R2 & R3

Table of Content
1. partition claims and family properties (Para 2 , 4 , 5)
2. limited right of appeal under section 100 cpc (Para 12 , 14 , 29)
3. burden of proof for ancestral property (Para 16 , 18)
4. legal principles regarding separate properties (Para 20 , 22 , 23)
5. dismissing the appeal due to lack of grounds (Para 30 , 31)

JUDGMENT

The Second Appeal is directed against the judgment and decree made in A.S.No.144 of 2018 dated 18.11.2019 on the file of the Principal District Court, Dindigul, confirming the judgment and decree passed in O.S.No.204 of 2013 dated 08.02.2018 on the file of the Additional Subordinate Court, Dindigul.

2. The appellant is the plaintiff. He filed a suit claiming partition and allottment of ¼ share in the suit properties.

3. For the sake of convenience and brevity, the parties hereinafter will be referred to as per their status / ranking in the trial Court.

4. The case of the plaintiff, in short, is as follows:

(a) The plaintiff is the son and the defendants 2 and 3 are the daughters of the first defendant. The first item of the suit properties and some other properties originally owned by one Aanaiappapillai, father of the first defendant. After the death of

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