SANTHANAM MARIYAMMAL Vs. FELIX

JUDGEMENT

(1.) Both appeals have been filed against the judgment and decree, dated 03.04.2008 in O.S.No.59 of 2004 on the file of the Additional District & Sessions Court (Fast Track Court No.1), Trichy.

(2.) A.S.(Md)No.280 of 2008 had been filed by the 1st, 2nd, 5th, 6th, 7th, 8th, 9th and 10th defendants in the suit. A.S.(MD)No.198 of 2009 had been filed by the 4th defendant in the suit. Pending appeals, 2nd and 5th appellants in A.S.(MD)No.280 of 2008 died and the appellants No.9 to 11 were brought on record as legal representatives of the deceased 5th appellant and appellants No.12 to 17 were brought on record as legal representatives of the deceased 5th appellant. The 4th respondent in A.S.(MD)No.280 of 2008, who was actually the 4th defendant in the suit and was the appellant in A.S.(MD)No.198 of 2009 also died and his legal representatives were brought on record as 5th to 8th respondents in A.S.(MD)No.280 of 2008 and as 2nd to 5th appellants in A.S.(MD)No.198 of 2009.

(3.) O.S.No.59 of 2004 had been filed by Soosaiammal, against Santhanamariammal and her sons and daughters, who were shown as 2nd to 10th defendants, seeking a judgment and decree for partition and separate possession of one half share and for a direction against the defendants to render a true and proper accounts of the income from the suit schedule property from 21.09.1995 and pay that amount together with interest at 9% per annum and also for a direction to pay future profits in accordance with the share of the plaintiff and for costs of the suit. Pending suit, Soosaiammal died and her legal representatives were brought on record as 2nd and 3rd plaintiffs.