G. RAGAVENDRAN Vs. U. INDRA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the judgment and decreee of the Lower Appellate Court made in A.S.No.100 of 2010, dtd. 23/8/2011, on the file of the Principal District Judge,Thiruchirappalli remanding the suit in O.S.No.276 of 2005, on the file of the II Additional Subordinate Judge, Tiruchirappalli, for fresh disposal.

(2.) The above appeal is filed by the plaintiffs in the suit in O.S.No.276 of 2005.The appeal is against the order of remand passed in A.S.No.100 of 2010 filed by the defendants 2 and 3 in the suit. The suit was filed for partition and separate possession of 2/15th sahare of the plaintiff in the suit property.

(3.) According to the plaintiffs, the suit property originally belongs to Krishnamoorthy Achar and he executed a settlement deed in favour of G.Upendran. Upendran died on 17/9/1998 leaving behind him, the defendants 2 and 3, wife and daughter and his mother Rukmani Ammal. Rukmani Ammal died on 23/7/2000 leaving behing the plaintiffs, her grand-daughter Sangeetha, third defendant in the suit and defendant 4 and 5 grand-sons of the predeceased son of Rukmani Ammal. Thus the plaintiffs have 1/15th share , D1 has got 1/15th share and third defendant has got 1/15th share, D4 and D5 jointly have 1/15th share. Since the defendant refused to come for an amicable settlement for partition, the suit came to be filed.