(1.) This Appeal Suit has been directed against the judgment and decree dated 29.04.2017 passed in Original Suit No.1271 of 2013 by the XVI Additional City Civil Court, Chennai.
(2.) The first respondent herein as plaintiff, has instituted Original Suit No.1271 of 2013, on the file of trial Court, praying to pass a preliminary decree of partition, wherein, the present appellant has been arrayed as second defendant and the remaining respondents have been arrayed as defendants 1 and 3.
(3.) The material averments made in the plaint are that one Krishnasamy has married the mother of the plaintiff and her name is Chandra. The suit properties are the separate properties of Krishnasamy. The said Krishnasamy has married one Sulochana as his second wife. The plaintiff is the only daughter born through first wife by name, Chandra. The second wife by name, Sulochana has begotten the defendants. The said Krishnasamy has passed away, leaving behind him, the present plaintiff and defendants as his legal heirs. The plaintiff and the defendants are each having 1/4th share in the suit properties. Since the defendants are not amenable for partition, the present suit has been instituted for the relief sought therein.