KOMARATHAL Vs. VALARMATHI

JUDGEMENT

(1.) This Second Appeal has been preferred as against the Decree and Judgment passed by the First Appellate Court in A.S.No.1 of 2014 on the file of learned Principal District Judge, Erode dtd. 21/7/2014. The respondent herein, being the plaintiff, filed the suit in O.S.No.17 of 2010 on the file of the learned Subordinate Judge, Gobichettipalayam for the relief of partition and the same was decreed. As against the said Judgment and Decree, the appellants, being defendants have preferred the First Appeal in A.S.No.1 of 2014 and the plaintiff also preferred A.S.No.3 of 2014. The First Appellate Court dismissed both the appeals. However, modified quantum of shares from 1/6 to 4/9. Aggrieved by the said decree and judgment, the appellants / defendants in A.S.No.1 of 2014 have preferred this Second Appeal.

(2.) For the sake of convenience and brevity, the parties are referred to as per their ranks before the trial court.

(3.) The brief averment of the plaint are as follows:-