K. ANBAZHAGAN Vs. SATHISH KUMAR

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the Judgment and decree dated 23.03.2017 passed in O.S.No.254 of 2009 by the Principal District Court, Kancheepuram at Chengalpattu.

(2.) The respondents 1 to 6 as Plaintiffs have instituted O.S.No.254 of 2009 on the file of the trial court, praying to pass a preliminary decree of Partition in respect of 10/20 shares in the suit 'A' schedule properties and 10/40 shares in the suit 'B' schedule properties, wherein, the present appellants and the remaining respondents have been arrayed as defendants.

(3.) The material averments made in the Plaint are that one Muthusamy Mudaliar has had two sons viz., Kanniappa Mudaliar and Chandrasekara Mudaliar. The said Kanniappa Mudaliar has passed away leaving behind him, his two sons viz., Anbazhagan and Sampath (defendants 1 and 2) and three daughters viz., Jayalakshmi, Kumari and Gowri. The said Kumari has been arrayed as 3rd Plaintiff and Jayalakshmi has passed away, leaving behind her, the Plaintiffs 1 and 2 and defendants 7 and 8. Likewise, the other daughter by name Gowri has also passed away, leaving behind her, the Plaintiffs 4 to 6 as her legar heirs. The other brother Chandrasekara Mudaliar has also passed away, leaving behind him defendants 3 to 5 as his legal heirs. The Suit 'A' schedule properties are the absolute properties of Kanniappa Mudaliar. The Suit 'B' schedule properties are joint properties of both Kanniappa Mudaliar and his brother Chandrasekara Mudaliar. Since both of them have passed away, the Plaintiffs are having 10/20 shares in the Suit 'A' schedule properties and 10/40 shares in the Suit 'B' schedule properties. Despite repeated demands, the defendants 1 and 2 have refused to effect partition by metes and bounds and in the said circumstances, a legal notice dated 06.06.2009 has been issued and the same has been received by the defendants 1 and 2 and others and even after receipt of the said notice, no amicable partition has taken place and therefore, present suit has been instituted for the reliefs sought therein.