MUTHUSAMY Vs. KALIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the the Judgment and Decree, dated 27.07.2012, passed in A.S.No.49 of 2010, on the file of the Principal Sub Court, Karur, reversing the Judgment and Decree dated 07.12.2009, passed in O.S.No.587 of 2006, on the file of the Principal District Munsif Court, Karur.

(2.) The appellants are defendants 4 to 6. The respondents 2 to 4 are defendants 2, 3 and 7 respectively. The first respondent, who is the plaintiff, has filed the suit in O.S.No.587 of 2006, on the file of the Principal District Munsif Court, Karur, against the respondents 2 to 4 and the appellants for partition of "A" and "B" schedule properties, future mesne profits and permanenant injunction.

(3.) According to the first respondent, "A"" schedule property belonged to the father of the respondents 1 and 2 herein, who are the plaintiff and first defendant in the suit and the "B" schedule property belonged to their mother. After the death of their parents, as their only legal heirs, both the respondents 1 and 2 are entitled the property equally. The second respondent in collusion with his wife and the appellants and the fourth respondent trying to defraud the first respondent. The appellants and fourth respondent are close relatives of second respondent. The first respondent issued notice and filed suit for partition, future mesne profits and permanenant injunction.