PONNAMMAL Vs. PADMAVATHI

JUDGEMENT

(1.) By consent, the second appeal is taken up for final disposal.

(2.) The defendants 1 to 5 who had lost partly before the Courts below, are the appellants herein.

(3.) The suit in O.S.No.49 of 2009 filed by the respondents/plaintiffs on the file of the Principal Subordinate Judge, Thiruvannamalai, for partition of the amounts due and payable under the Insurance Policies with the Life Insurance Corporation of India - 6th defendant and for prohibitory injunction against the said respondents, not to disburse the amounts to appellants/ defendants 1 to 5, came to be decreed partly vide Judgment and decree dated 22.02.2011. The Plaintiffs, in respect of the disallowed claim, did not file any appeal and whereas, the defendants 1 to 5 filed an appeal in AS No.15 of 2011 on the file of the District Judge, Thiruvannamalai. The Lower Appellate Court, vide impugned judgment and decree dated 30.01.2012, has dismissed the appeal, thereby confirming the judgment and decree passed by the Trial Court and challenging the legallity of the same, the present Second appeal is filed.