V BALASUBRMANIAN Vs. R SAROJA

JUDGEMENT

(1.) C.M.P.No.54/2002: Petition seeking stay of operation of the decree in O.S.No.7324/1998 dated 23.11.2005 on the file of XIV Assistant Judge, City Civil Court, Chennai. C.M.P.No.1/2008: Petition praying to implead the Petitioners as Respondents 4 and 5 in the Second Appeal in S.A.No.186/2006. C.M.P.No.998/2008: Petition praying to vacate the stay granted on 12.12.2007 in C.M.P.No.5402/2006 in S.A.No.186/2006). This Second Appeal arises out of the Judgment in A.S.No.184/2002 confirming the Judgment of the trial court in O.S.No.7324/1998 passing Preliminary decree for partition of Plaintiff's 1/3rd share. Unsuccessful 1st Defendant is the Appellant in the Second Appeal. For convenience, parties are referred as per their array in the suit in O.S.No.7324/1998.

(2.) THE parties are related as under: ------------------------------------------------------------------------- | | K.V.Pattammal(died on 12.5.98) K.V.Shenbagavalli W/o.K.V.Vijayaranga Mudaliar W/o.K.V.Nataraja Mudaliar | | ------------------------ ------------------------------------- | | | | | Saroja(Plff) V.Balasubramanian(D1) Shantha Padma Susila | ----------------------------- | | (B. Karthikeyan) (B. Mohanakrishnan) (Petitioners in the impleading Petition)

(3.) ON the above pleadings, relevant issues were framed. Upon consideration of evidence, trail court held that the property was joint family property of Pattammal and Shenbagavalli in which the Plaintiff is entitled to a share as per Ex.A9 partition deed. Trial court further held that at the most Pattammal could have bequeathed only her 1/3rd share and left open that 1/3rd share of Pattammal, trial court passed decree for partition of Plaintiff's 1/3rd share.