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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
R.MUTHUVEL – Appellant
Versus
PALRAJ (DIED) – Respondent
| Table of Content |
|---|
| 1. appeal against concurrent findings in partition suit. (Para 1 , 4) |
| 2. scope of high court jurisdiction in second appeal. (Para 5 , 6) |
JUDGMENT
The Second Appeal is directed against the judgment and decree made in A.S.No.91 of 2020 dated 25.07.2022 on the file of the I Additional District Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.124 of 2012 dated 20.01.2020 on the file of the Subordinate Court, Valliyoor.
2. The appellant is the first defendant. The deceased Palraj filed a suit in O.S.No.124 of 2012 before the Subordinate Court, Valliyoor, claiming partition and allotment of 1/3rd share in the suit properties. The appellant / first defendant filed a written statement and contested the suit.
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 learned Subordinate Judge, Valliyoor, after framing necessary issues and after full trial, passed a judgment dated 20.01.2020 granting preliminary decree declaring that the plaintiff is entitled to get 1/3rd share in the suit properties. Aggrieved by the said judgment and decree, the first defendant filed an
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