S.KADIRVEL Vs. S.MANI

JUDGEMENT

(1.) The plaintiffs in O.S.No.144 of 2004 on the file of the Additional District Munsif Court, Namakkal, are the appellants herein.

(2.) The said suit had been filed by them seeking to set aside a sale deed dtd. 29/8/1986 relating to the property described in Item No.1 of the suit schedule executed by the 1st defendant in favour of the 2nd and 3rd defendants regarding the undivided 2/3 share of the plaintiffs and for a direction to divide the entire property into three equal shares by metes and bounds and to allot one share to each of the two plaintiffs and to pass final decree and determine the mesne profits and for costs of the suit. The learned Additional District Munsif, Namakkal, by judgment dtd. 20/8/2004 decreed the suit. This necessitated the 2nd defendant to file A.S.No.117 of 2005 before the Sub Court, Namakkal. By judgment dtd. 21/8/2008, the Appeal Suit was dismissed with respect to item No.1 property.

(3.) Challenging that judgment, the plaintiffs have filed the present Second Appeal. Pending the appeal the 1st appellant died and his legal representatives had been brought on record as further appellants. Pending the appeal, the 2nd and 4th respondents also died but by order dtd. 5/6/2025 in C.M.P.No.6301 of 2020, the appellants were exempted from bringing on record the legal representatives of the deceased 2nd and 4th respondents.