SIVAKAMI Vs. R.ARUMUGHAM

JUDGEMENT

(1.) The Plaintiff in O.S.No. 1626 of 1992 on the file of the First Additional Sub Court at Coimbatore is the appellant herein.

(2.) The said suit in O.S.No. 1626 of 1992 had been filed by the plaintiff, Sivakami against her brother Arumugam, shown as the 1st defendant and against Sivagama Sundari, the daughter of her sister, shown as the 2nd defendant and against the tenants in the suit schedule property shown as the 3rd to 8th defendants, seeking partition and separate possession of 1/6th share in the suit schedule property and for accounts and for costs of the suit.

(3.) The suit schedule property was vacant land situated at No. 30, Heminswaypet, now Sivasubramaniam Road, in R.S.Puram in Coimbatore bearing T.S.No. 3788 measuring 3200 sq.ft. The suit was dismissed by Judgment dtd. 21/12/2001 by the First Additional Sub Judge, Coimbatore. Thereafter, the plaintiff filed A.S.No. 95 of 2002 before the Principal District Court at Coimbatore. The said appeal suit along with I.A.No. 1040 of 2002 which had also been filed by the plaintiff for amendment of the description of the property were taken up together for consideration and by Judgment dtd. 30/7/2003, both the Appeal suit and the Interlocutory Application were dismissed. This has necessitated the plaintiff to file the present Second Appeal.