ARUKKANIAMMAL Vs. RAKKIYA GOUNDER AND ORS.

JUDGEMENT

(1.) The plaintiff in O.S. No. 817 of 2005 on the file of the learned District Munsif, Erode, is the appellant. The respondents are defendants in the suit. The said suit was filed for partition and for separate possession of the 1/6th share of the plaintiff. The trial Court, by decree and judgment dated 26.3.2011 dismissed the suit. As against the same, the appellant filed an appeal in A.S. No. 35 of 2011. The learned Principal Subordinate Judge, by decree and judgment dated 29.11.2011, dismissed the appeal, thereby confirming the decree and judgment of the trial Court. As against the concurrent judgments, the appellant has come up with this second appeal.

(2.) During the pendency of this second appeal, the first defendant Rakkiya Gounder died on 27.5.2014. The counsel for the appellant has filed a memo seeking to record the other parties to the case as the legal representatives of the deceased. The said memo is recorded on 24.11.2014.

(3.) When this appeal originally came up for hearing on 15.3.2012, this Court ordered notice to the respondents. Accordingly, respondents 1 to 3 have made appearance through their counsel. The fourth respondent has not made appearance, despite service of notice. Today, the second appeal has come up for admission.