S.SANTHOSH KUMAR Vs. M.SIVABACKIAM

JUDGEMENT

(1.) Challenging the judgment and decree of the learned I Additional District Judge, Coimbatore, dtd. 30/8/2023, passed in O.S.No.164 of 2015, granting (i) preliminary decree for partition and allotting one half share in favour of the 1st respondent/plaintiff and one half share to respondents 2 and 3/defendants 2 and 3; (ii) decree of permanent injunction; and (iii) declaring the sale deed dtd. 22/2/2007 in favour of the 2 nd appellant/5th defendant as null and void, the defendants 4 and 5 in the suit have filed the above Appeal.

(2.) For the sake of convenience, the parties will be referred to as per their rank before the trial Court.

(3.) The plaintiff is the daughter of one A.S.Muthusamy Gounder. The 1st defendant is the wife of A.S.Muthusamy Gounder. Muthusamy Gounder had a son namely Selvaraj. The 2 nd defendant is the wife of Selvaraj and the 3rd defendant is his daughter. According to the plaintiff, the 4 th defendant is the illegitimate son of Selvaraj born through the 5th defendant.