R. SANTHI Vs. NALLAMMAL

JUDGEMENT

(1.) This Second Appeal has been filed by R.Santhi @ Gowthami, who figured as the sole defendant in O.S.No.233 of 2000, which was filed by Nallammal, the deceased first respondent herein, on the file of the Sub-Court, Salem, for partition claiming half share in each one of Items 1 and 2 of the suit properties.

(2.) The claim of Nallammal was declined by the trial Court and the said suit came to be dismissed in its entirety by the learned Subordinate Judge, Salem by judgment and decree dated 19.01.2004. On appeal in A.S.No.91 of 2004 on the file of the District Court, Salem, the learned Principal District Judge reversed the findings of the trial Court, set aside the decree of the trial Court dismissing the suit and granted a preliminary decree directing division of the suit properties, both items 1 and 2, into two equal shares and allotment of one such share to Nallammal, the deceased first respondent herein. As against the reversing judgment and decree of the learned lower appellate Judge dated 14.02.2005 made in A.S.No.91 of 2004, the appellant herein (defendant) has preferred the present second appeal on various grounds set out in the grounds of second appeal.

(3.) During the pendency of the second appeal, the second item of the suit property was purchased by Respondents 2 and 3 from one of the parties to the appeal through the 4th respondent who acted as Power Agent of the vendor therein. Hence, by virtue of an order dated 01.11.2010, respondents 2 to 4 were impleaded. The first respondent Nallammal passed away during the pendency of the second appeal and pursuant to her death, her surviving son Venkatachalam (R5), Daughters, Tmt.Soudaram alias Shakunthala, Tmt.Vasantha (R6 & R7), wife and children of a predeceased son Devarajan, namely Kulanjai Ammal, Suresh and Ambika (R8 to R10) were impleaded as the legal representatives of Nallammal. Among the respondents 5 to 10, impleaded as legal representatives of Nallammal, the 6th respondent alone has entered appearance through very same counsel who had been engaged by the original respondent, namely R1-Nallammal and the other respondents, namely R5 and R7 to R10 have not chosen to enter appearance either in person or through counsel.