Pandi vs Periya Pandiammal
2021 Latest Caselaw 15468 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 02.08.2021

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               S.A(MD).No.538 of 2012
                                                        and
                                                M.P(MD).No.2 of 2012

                     Pandi                                                 ...Appellant

                                                           Vs

                     1.Periya Pandiammal
                     2.Nadu Pandiammal
                     3.Chinna Pandiammal
                     4.Chellathai                                          ...Respondents

Prayer : Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 30.01.2010 in A.S.No.120 of 2009 by the II Additional Sub-Judge, Madurai by confirming the judgment and decree dated 18.11.2008 passed in O.S.No.20 of 2004 on the file of the District Munsif Court, Tirumangalum.

For Appellant : Mr.M.Karthikeya Venkitachalapathi For Respondents : Mr.R.G.Shankar Ganesh For R1 to R3 R4-No appearance

https://www.mhc.tn.gov.in/judis JUDGEMENT

The defendant in O.S.No.20 of 2004 on the file of the District Munsif

Court, Tirumangalam is the appellant in this Second Appeal. The

respondents herein are none other than the sisters of the appellant.

2.The respondent filed the said suit seeking partition of their

respective shares in the suit properties. The appellant filed his written

statement controverting the plaint averments. The trial Court framed the

necessary issues. The third plaintiff examined herself as P.W.1 and one

Subramani was examined as P.W.2 and Ex.A1 to Ex.A11 were marked. The

defendant examined himself as D.W.1.

3.The trial Court, after consideration of the evidence on record

granted preliminary decree as prayed for. The same was confirmed by the

First Appellate Court in A.S.No.120 of 2009 on the file of the second

Additional Sub Judge, Madurai on 30.01.2010. Challenging the same, the

Second Appeal has been filed.

https://www.mhc.tn.gov.in/judis

4.It is evident that the suit properties are self acquired properties of

the father of the plaintiff, who died leaving behind his wife and 3 daughters.

Since the suit properties would obviously devolve equally amount all his

legal heirs, the Courts below have concurrently held that the parties will be

entitled to one fifth share each. This Court does not find any reason to

interfere with the findings of the Courts below. No substantial question of

law arises for consideration in this second appeal.

5.Accordingly, this Second appeal is dismissed. No Costs.

Consequently, the connected miscellaneous petition is closed.

02.08.2021

Index: Yes/ No Internet: Yes/No kmm

Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis To

1.The District Munsif Court, Tirumangalam.

2.The II Additional Sub-Judge, Madurai

Copy to:

The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis G.R.SWAMINATHAN,J.,

kmm

S.A(MD).No.538 of 2012

02.08.2021

https://www.mhc.tn.gov.in/judis