K. CHAKRAPANI Vs. N. BRINDHA

JUDGEMENT

(1.) Being not satisfied by the Judgment and decree passed in O.S.No.4 of 2013 by the III Additional District and Sessions Judge, Cuddalore at Vridhachalam dtd. 7/1/2019, one of the sons of deceased V.S.Kothandapani along with his wife and children have preferred this appeal against the plaintiffs who are the sisters, brother, Banks and other Financial Institutions.

(2.) The three daughters of deceased V.S.Kothangapani namely N.Brindha, P.Alamelu and R.Parimala filed a suit for preliminary decree for partition of plaint schedule amounts to grant 1/6th share each to the plaintiffs and for injunction. The trial Court upon hearing the arguments of both sides and on appreciating the oral and documentary evidence, has decreed the suit and preliminary decree was passed in favour of the plaintiffs, D1 and D3 by granting 1/6th share each in the suit properties and the defendants No.7 to 14 were restrained by means of permanent injunction from paying the plaintiffs, D1 and D3's share in the suit properties to other sharer.

(3.) The learned counsel for appellants reiterating the grounds given in the memorandum of appeal would strenuously argue that this is the 4th suit and it is clearly barred by Order 2 Rule 2 C.P.C., Principles of Res-judicata and the Specific Relief Act. All the deposits are made to be received by either or survivor and hence, the suit for partition would not lie at all and prayed to set aside the Judgment and decree passed by the trial Court.