GOVINDAMMAL DIED Vs. RAMAYI DIED

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in a suit for partition in O.S.No.51 of 1986 on the file of learned Subordinate Judge, Namakkal.

(2.) The appeal is preferred by the first appellant/ first defendant in the suit and she died during the pendency of the appeal and her legal representative has been brought on record as the second appellant. As far as the respondents/plaintiffs are concerned, the first respondent is reported to be dead and the second respondent who is already on record is treated as her legal representative.

(3.) The plaintiffs instituted the suit claiming partition of the plaint schedule properties and the suit has been dismissed in respect of movable properties which are shown as item Nos.4 to 7 in the plaint schedule. The plaintiffs have not preferred any independent appeal or cross appeal in so far as the dismissal of the suit with reference to items Nos.4 to 7 in the plaint schedule is concerned.