R.KAMALA Vs. R.R.PARTHIBAN

JUDGEMENT

(1.) Unsuccessful defendants 1 and 2 have preferred the appeal in A.S. (MD)No.32 of 2023 against O.S.No.50 of 2014. Unsuccessful plaintiffs have preferred appeal in A.S.(MD)No.11 of 2023 against O.S.No.65 of 2016.

(2.) The first respondent / plaintiff / Parthipan filed a suit in O.S.No.50 of 2014 seeking the relief of declaration to declare the registered settlement deed (Ex.A19) executed by the first appellant / Kamala in favour of her daughter the second appellant / Jeyanthi in respect of item No.3 in suit second schedule namely the house property as null and void and further, relief of partition of the suit property schedule 1 to schedule 3 and allot 5/16 shares in his favour.

(3.) The above suit in O.S.No.50 of 2014 was allowed by the trial Court thereby, the settlement deed in Ex.A19 is declared as null and void and so far as the relief of partition the trial Court granted the relief of partition to the extent of 1/4shares as against 5/16 th shares as claimed and partly decreed the suit. Aggrieved by the said decree and judgment dtd. 30/9/2022 the defendants one and two have preferred the appeal in A.S. (MD)No.32 of 2023.