THAIYALNAYAKI Vs. MUTHU

JUDGEMENT

(1.) Civil Miscellaneous Appeals filed against the fair and decreetal order dated 9.12.2011 and 10.12.2011 in unnumbered I.A in O.S.No.39 of 2004 the file of learned District Judge, Cuddalore.

(2.) The appellants are third party petitioners before the first appellate court which is the Principal District Court, Cuddalore. The respondent filed a suit for partition in OS No.19 of 1992 before the Subordinate Judge, Cuddalore. The suit was filed initially against seven defendants who were the children of one Vaithi through his first wife Muthammal. The respondent claimed that he is the only son of the said Vaithi through a second wife Anjalai and therefore, he has become a sharer along with other children of Vaithi and claimed a share.

(3.) The original defendants resisted the suit by filing a written statement. They denied the claim of the respondent and denied the claim that he is the son through the second wife.