IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-03-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR AS No. 963 of 2025 Selvaraj ..Appellant Vs

1. Saroja

2. Lakshmi ..Respondents Appeal Suit filed under Section 96 read with Order XLI Rule 1 of CPC against the Judgment and Decree dated 28.03.2025 passed in O.S.No.73 of 2021 on the file of the Principal District Court, Namakkal.

For Appellant: Mr.D.Vairamoorthy For Respondents: Mr.C.Jagadish for R1 No appearance for R2

JUDGMENT

(Judgment of the Court was delivered by K.Rajasekar J.)

Second defendant in the suit is the appellant.

2. The plaintiff, who is the first respondent herein initiated the suit against her brother and sister seeking partition of the suit properties on the ground that she is also one of the co-parceners in the property which originally belonged to Nayunda Naidu and his son Ramasamy viz., the plaintiff's father. The suit was resisted by the second defendant, who is the son of Ramasamy on the ground that the plaintiff herein was already ousted from the property hence, she was not entitled to claim any share in the property. Further, it was contended that the plaintiff's father