G. GEETHA Vs. B. SANTHA

JUDGEMENT

(1.) This Original Side Appeal has been directed against the judgment and decree dated 29 -10 -2010 passed in C.S.No.413 of 2004 by the learned Single Judge of this Court.

(2.) The appellants herein, as plaintiffs, have instituted C.S.No.413 of 2004 on the file of this Court praying to pass a preliminary decree of partition wherein the present respondents have been shown as defendants.

(3.) In the plaint, it is averred that the plaintiffs and defendant Nos.3 and 4 are the children of Govindarajan. The said Govindarajan has passed away on 07 -06 -1997 leaving behind him, the plaintiffs and defendant Nos.2 to 4 as his legal heirs. The suit property is the separate property of the said Govindarajan. Since he passed away on 07 -06 -1997, each plaintiffs is entitled to get one -fifth share. The defendant Nos.3 and 4 are not amenable for partition. Under the said circumstances, the present petition has been filed for getting the relief sought therein.