GEETHA Vs. RUGMINI

JUDGEMENT

(1.) The claim petitioner under Order XXI Rule 58 of the Code of Civil Procedure in the proceedings of execution of a final decree in a suit for partition, is the appellant.

(2.) The claimant claims to have obtained title over the property under Ext.A3 Sale Deed dtd. 13/12/2008.

(3.) A larger extent of property, including the property which is the subject matter of the present execution proceedings, belong to one Ponnuchami. He died on 10/8/1988. The plaintiff and the 1st defendant are his daughters. The 2nd defendant is the son of the 1st defendant. In the suit for partition filed by the plaintiff, the 2nd defendant set up Ext.A1 Will dtd. 2/8/1988 claimed to have been executed by Ponnuchami. The Court held against the Will and decreed partition. A final decree was also passed. In the execution petition filed by the plaintiff, the claim petition has been filed.