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2022 Supreme(Mad) 1100

D. BHARATHA CHAKRAVARTHY
Maheswari – Appellant
Versus
N. Raman Pillai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J. Titus Enock for Mr. V. Murugesan
For the Respondent: Mr. T.S. Vijaya Raghavan

JUDGMENT :

Prayer : Appeal Suit filed under Order 41 Rules 1 & 2 read with Section 96 of Civil Procedure Code against the judgment and decree of the learned I Additional District Judge, Salem, made in O.S.No.56 of 2010, dated 26.07.2013.

A. The Appeal Suit :

This Appeal Suit is filed against the judgment and decree dated 26.07.2013, passed by the learned I Additional District Judge, Salem in O.S.No.56 of 2010, in and by which, the suit for partition and declaration declaring that the settlement deed executed by the first defendant in favour of the defendants 2 and 3 as null and void, was dismissed by the Trial Court.

B. The Plaint :

2. The case of the plaintiff is that the first defendant/Raman Pillai, is the father of the first plaintiff/Maheswari and the fourth defendant/Kumar. He was first married to one Sivagamiammal and through his first marriage, the second defendant/Bakkiyalakshmi and the third defendant/Tamilselvi were born. Thereafter, he got married to the second plaintiff/Anandayee and through the second defendant, the first plaintiff/Maheswari and the fourth defendant/Kumar were born. The suit properties were the ancestral properties in the hands of the first defendant/Raman

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