IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, K. RAJASEKAR, JJ
Ramanathan – Appellant
Versus
Subramanian – Respondent
| Table of Content |
|---|
| 1. summary of suit facts, issues, evidence, and trial court dismissal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. analysis of documents showing no coparcenary character or fund tracing. (Para 12 , 13 , 14) |
The unsuccessful plaintiffs have come forward with this appeal, aggrieved over the dismissal of the suit filed for partition in O.S.No.187 of 2010, vide judgment and decree dated 06.08.2012 passed by the learned Principal District Judge, Cuddalore.
2. For the sake of convenience, the parties are referred herein according to their litigative status and rank before the Trial Court.
3. The case of the appellants/ plaintiffs is that, they are the son and daughters of the first defendant. Originally, Hindu undivided family constituting the first defendant, the second defendant and the plaintiffs were in possession of 'A' schedule property. The first defendant, as the Karta of the joint family, sold the 'A' schedule property and purchased the 'B' schedule property and they were in possession and enjoyment of the same. Without the consent of other coparceners, the first defendant sold the 'B' schedule property in favour of the defendants 3 and 4, who are the husband and wife,
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