P CHANDRAN Vs. DEVAKI

JUDGEMENT

(1.) BEING aggrieved by the Judgment and Decree in A. S. No. 28/2004, remanding the partition suit to the trial Court, the plaintiffs have preferred this appeal. For convenience, parties are referred to as per their array in the original suit.

(2.) PARTIES are related as under:- Ammini Ammal (died on 09. 07. 1973) | --------------------------------------------------------------------------- -------------------- | | | | | P. Govindaraju P. Chandran P. Subramani P. Sathyamoorthy P. Thangaraj died on 14. 1. 85 (1st plaintiff) (2nd plaintiff) (3rd plaintiff) (died on 13. 6. 94) =Viajayalakshmi = Devaki | 1st Defendant -------------------------------- | | | Bhuvaneswari Uma Sankarai P. T. Kumaran (2nd defendant) (5th plaintiff) (7th plaintiff) (alleged to be adopted | daughter) P. T. Deepa (7th plaintiff)

(3.) DURING the pendency of the suit, Ammini Ammal died. She had executed a registered Will Doc. No. 149/1992 dated 17. 12. 1992 in Sub Registrar Office, Ambur. Under the said Will, she had bequeathed her undivided share in the After the commencement of pecuniary jurisdiction, the suit was transferred to City Civil Court and renumbered as O. S. No. 4710/1996. After death of Ammini Ammal, plaintiffs were impleaded as Legal Representatives of deceased Ammini Ammal.