JAMUNA Vs. P JAYAMANI

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree dated 13.08.2015 made in A.S.No.20 of 2013 on the file of the I Additional District Court, Salem, modifying and partly allowing the judgment and decree dated 28.10.2011 made in O.S.No.115 of 2010 on the file of the Sub Court, Attur.

(2.) The appellant is sixth defendant, one deceased Pappa is the 1st defendant, respondents 1 and 2 are the defendants 2 and 3, respondents 3 and 4 are the defendants 7 and 8, 5th respondent is plaintiff, and respondents 6 and 7 are the defendants 4 and 5 in O.S.No.15 of 2007 on the file of the Fast Track Court No.II, Salem, which was then transferred to the file of Sub Court, Attur and renumbered as O.S.No.115 of 2010. The 5th respondent filed the said suit for partition and separate possession against the appellant, respondents 1, 2, 6 and 7 and one Pappa, the 1st defendant who died pending suit. The respondents 1, 2, 6 and 7 and appellant are brothers and sisters of 5th respondent/plaintiff. The respondents 3 and 4 were impleaded as defendants 7 and 8 after death of Pappa, as they claimed to be owners of some of the properties as per the Will of deceased Pappa, the first defendant. The deceased 1st defendant, Pappa is mother of the parties.

(3.) The case of the 5th respondent :