A.S.(MD)No.139 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

A.S.(MD)No.139 of 2019

and

C.M.P.(MD)No.7183 of 2019

1.M.Arumugam

2.M.Sivakumar

...Appellants/Plaintiffs

Vs.

1.Mooka Mudaliyar (died)

..1st defendant

2.M.Shanmugasekar

..Respondent/2^nd defendant

PRAYER: This Appeal Suit is filed under Section 96 of the Civil

Procedure Code, to set aside the judgment and decree dated

20.02.2019 made in O.S.No.21 of 2012 on the file of the First

Additional District Judge, Tirunelveli.

For Appellant

: Mr.R.Devaraj

For Respondents

: Mr.M.P.Senthil

JUDGMENT

Aggrieved over the dismissal of the suit filed for

partition, this appeal is filed.

2. For the sake of convenience, the parties are referred to

herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal

Suit, are as follows:-

The plaintiffs and the second defendant are the sons of the

first defendant. The parties were residing as joint family. The

mother of the plaintiffs died on 18.10.2009. The first schedule

property originally belong