GANAPATHY(DIED) Vs. SURESH KUMAR

JUDGEMENT

(1.) This Civil Revision Petition challenges a decretal order dated 12.10.2007 passed in I.A.No.610 of 2002 in O.S.No.1039 of 1979 on the file of the learned II Additional Subordinate Judge, Tiruchirappalli.

(2.) An interesting issue arises in this case. O.S.No.1039 of 1979 was filed by one Ganapathi arraying K.M.Subramania Pillai and Pappal as 1st and 2nd defendants respectively. Ganapathy was the son of K.M.Subramania Pillai through his first wife. Pappal was the fourth wife of K.M.Subramania Pillai and the couple had had no issues. Various disputes had arisen between the first defendant and other family members and a partition had been effected on 105.1930 between Subramania Pillai and his uncle relating to ancestral joint family properties.

(3.) The plaintiff herein claimed a share in the properties of his father. The prayer in the suit is for partition and separate possession of a share in the suit properties, which, according to the plaintiff, amounted to one half.