P.SELLAPPAN Vs. RAMAMOORTHY

JUDGEMENT

(1.) Heard.

(2.) The above Second Appeal is preferred against the judgment and decree dtd. 22/4/2013 made in A.S.No.38 of 2010 on the file of the I Additional District Court, Salem, whereby the lower appellate court reversed the findings of the trial court rendered in O.S.No.511 of 2003 by judgment and decree dtd. 11/12/2009 passed by the Principal Subordinate Judge, Salem.

(3.) By the impugned judgment, the lower appellate court enhanced the plaintiff's share in items 1 to 5 of the plaint schedule properties from A1/4 to 3/10, and further set aside the exemption granted by the trial court in respect of item No.6, a portion of the property purchased by the 12th defendant during the pendency of the suit, which had been excluded from partition. Aggrieved by the said reversal of findings, the present Second Appeal is filed by the 12th defendant, the Lis pendent purchaser.