S. SAGUNTHALA Vs. R. GANGADHARAN

JUDGEMENT

(1.) The appellants herein are the plaintiffs in the suit, who filed a suit for partition against their mother and their brother's wife, the second defendant and other defendants 3 to 7 who are strangers before the trial Court. Though some of the defendants filed written statement, the defendants 2 to 6 were called absent and set ex-parte. Based upon the evidence of second plaintiff as P.W.1 and another contesting defendant D3 who was examined as D.W.1. the trial Court granted a preliminary decree for partition in favour of the plaintiffs.

(2.) Aggrieved by the same, the fourth defendant who is the purchaser of the property from the second defendant preferred the First Appeal in A.S.No.18 of 2013, before the first appellate Court / the Subordinate Judge and Appellate Authority of the Nilgiris at Uthagamandalam.

(3.) Before the first Appellate Court, the respondents 1 and 2 therein / plaintiffs and the fifth respondent alone contested and other respondents 4,6,7 and 8 therein remained ex-parte, the third respondent therein was reported dead. Based upon the submission made by the fourth defendant, the first appellate Court concluded that the suit is fit for fresh trial, since, the fourth defendant who is the purchaser of the property from the second defendant is having valid claim with regard to his right over the suit property(ies).