P. ESWARAMOORTHY Vs. KUMUDHAM

JUDGEMENT

(1.) This Appeal Suit is filed against the judgment and decree, dtd. 8/10/2015 passed by the learned I Additional District Judge, Erode, in O.S.No.18 of 2014, in and by which, the suit, filed by the plaintiffs for partition in respect of two items of the suit properties, was allowed and a preliminary decree granting 2/6th share to the second plaintiff in the item No.1 of the suit properties and 1/2 share in the item No.2 of the suit properties, besides, directing the first defendant to pay maintenance of a sum of Rs.5,000.00 per month to the first plaintiff and also creating a charge over the share of the first defendant for regular payment of the maintenance to the first plaintiff and granted permanent injunction restraining the defendants, their men and agents from in any manner alienating or encumbering the suit properties till final partition is effected.

(2.) The defendants 4 and 5, who are the purchasers of the item No.2 of the suit schedule property are on appeal before this Court inasmuch as the impugned judgment and decree grants a preliminary decree of 1/2 share in the item No.2 of the suit properties in favour of the second plaintiff. B. The Plaint :

(3.) The brief facts leading to filing of the Appeal Suit are that the first plaintiff namely, Kumudham, is the wife of one Arjunan. The second plaintiff namely, minor Deepika, represented by her mother, Kumudham, is the daughter of Arjunan. The said Arjunan is the first defendant in the suit. The said Arjunan was born to one Nachimuthu Goundar and Sellammal. Nachimuthu Goundar had since passed away and Sellammal is the second defendant in the suit. Arjunan has got a sister by name Malleeswari, who is the third defendant in the suit. The fourth defendant, P.Eswaramoorthy and the fifth defendant, E.Palaniammal, are the persons who purchased the item No.2 of the suit properties by a registered sale deed, dtd. 30/10/2013 from the first defendant, Arjunan.