M.TEJKUMAR Vs. M.THRILAKSHI

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the Caveator-respondent Nos.1 and 2 and learned counsel for respondent Nos.4 and 5.

(2.) These regular second appeal and miscellaneous second appeal are filed against the judgment and decree passed in R.A.Nos.87/2014 and 86/2014 respectively for setting aside the judgment of the Trial Court and remanding the matter to the Trial Court to consider the same afresh, in view of allowing the application filed under Order 41, Rule 27 read with Sec. 151 of C.P.C. in R.A.No.86/2014.

(3.) The appellant in R.S.A.No.1291/2017 and M.S.A.No.41/2017 is the defendant No.1 in O.S.No.24/2011 and the respondent Nos.1 and 2 are the plaintiffs in O.S.No.24/2011 i.e., the daughters of G.H. Mariyappa have filed the suit for the relief of partition and separate possession of their 1/7th share by metes and bounds claiming that they are entitled for share in the suit schedule properties. It is contended that the suit schedule properties are joint family properties of plaintiffs and the defendants. The plaintiffs and defendant Nos.1 to 4 and deceased Bharathi are children of G.H. Mariyappa. The said G.H. Mariyappa died leaving behind his wife and children and subsequently, the mother of them also died and one Bharathi, who is the daughter of G.H. Mariyappa also died leaving behind her husband and two children, who are defendant Nos.5 to 7 and they are also made as parties.