RAJAMANI @ MANI Vs. MALLIGA

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 23.11.2016, passed in O.S.No.218 of 2010 by the III Additional District Court, Salem.

(2.) The respondents herein, as plaintiffs, have instituted O.S.No.218 of 2010, on the file of the trial Court, praying to pass a preliminary decree of partition in respect of 2/5 shares in the suit properties, wherein, the present appellants have been arrayed as defendants.

(3.) The material averments made in the plaint are that the plaintiffs are the daughters of Kandasamy and one Thangammal. The mother of the plaintiffs has passed away in the year 1985. After the demise of the said Thangammal, the father of the plaintiffs, viz., Kandasamy has married the first defendant as his second wife. The defendants 2 and 3 are the children born through the first defendant. The suit properties are the separate properties of Kandasamy and he passed away on 01.05.1988, leaving behind him the present plaintiffs and defendants as his legal heirs. Since the defendants are not amenable for partition, the present suit has been instituted for getting the relief sought therein.