RANGASWAMY Vs. RAJESWARI

JUDGEMENT

(1.) Second Appeal has been filed against the judgment and decree dated 20.8.2003 in A.S.No.41 of 1999 on the file of the First Additional Subordinate Judge's Court (Principal Subordinate Judge-Additional Charge), Gobichettipalaym, confirming the fair and decretal order dated 12.3.1999 in I.A.No.87 of 1987 in O.S.No.87 of 1987 on the file of the District Munsif Court, Sathyamangalam.

(2.) Short facts leading to the filing of the Second Appeal are: Originally, the suit properties belong to Periya Apachi Gounder and Chinna Apachi Gounder and Periya Apachi's wife is Marakkal; Periya Apachi died intestate and so, the said Marakkal as plaintiff filed the suit in O.S.No.87 of 1987 on the file of the District Munsif Court, Sathyamangalam, for partition of 'A' and 'B' schedule properties and preliminary decree of partition in respect of half share in both 'A' and 'B' schedule properties had been granted by the trial Court and in pursuance of the same, the said Marakkal filed I.A.No.87 of 1987 for passing a final decree; at that time, R7 Rangaswamy, who was the purchaser of 'B' schedule property, during the pendency of the suit for partition in O.S.No.87 of 1987, from Chinna Appachi Gounder, was impleaded as party to the final decree proceedings, in which the trial Court granted half share in 'A' and 'B' schedule properties as per the Commissioner's report/plan to the first respondent/second petitioner in I.A., against which, the subsequent purchaser, namely seventh respondent in the final decree proceedings, preferred a First Appeal, which was dismissed, against which, the present Second Appeal has been filed by the said R7/Rangaswamy.

(3.) At the time of admission of the present Second Appeal, this Court framed the following substantial question of law: