M.PALANISAMY Vs. PREMA

JUDGEMENT

(1.) THIS Second Appeal is focussed animadverting upon the judgment and decree dated 13.06.2012 passed in A.S.No.116 of 2009 by the learned First Additional District Court, Coimbatore partly in allowing the judgment and decree passed in O.S.No.1941 of 1997 dated 20.12.2002 by the learned Second Additional District Munsif, Coimbatore.

(2.) THE parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(3.) TERSELY and briefly the case of the plaintiffs as stood exposited in the plaint would run thus: The suit properties happened to be the ancestral properties in the hands of D1. While so, D2 and the plaintiffs 1 and 2, happened to be the children of D1, are entitled to equal shares along with D1, as the plaintiffs remained unmarried as on the date of commencement of the Tamil Nadu Hindu Succession (Amendment Act) 2005 [Act 1 of 1990] which came into force with effect from 25th March 1989. Accordingly, they prayed for allotment of 1/4th share in their favour.