RAMULU AMMAL Vs. RAMACHANDRA REDDY

JUDGEMENT

(1.) (This second appeal is filed against the judgment and decree dated 03.12.2003 passed by the learned Additional District Court cum Chief Judicial Magistrate, Fast Track Court No.V, Chengalpattu in A.S.No.35 of 2001 confirming the judgment and decree dated 13.09.2001 passed by the learned Subordinate Judge, Tiruvallur in O.S.No.89 of 1995.) This second appeal is focussed by the second defendant, animadverting upon the judgment and decree dated 03.12.2003 passed by the learned Additional District Court cum Chief Judicial Magistrate, Fast Track Court No.V, Chengalpattu in A.S.No.35 of 2001 confirming the judgment and decree dated 13.09.2001 passed by the learned Subordinate Judge, Tiruvallur in O.S.No.89 of 1995. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) AVOIDING discursive delineation and detailing of the facts in view of both the courts below having set forth the cases of the respective parties at length, the summation and summarisation of relevant factual scenario, which is absolutely necessary and germane for the disposal of this second appeal could be portrayed thus: The respondents/plaintiffs filed the suit O.S.No.89 of 1995 seeking the following main relief as against the defendants. - for partition and separate possession of 2/3 share from out of the suit properties in favour of the plaintiffs and to put the plaintiffs in possession of the same. (extracted as such from the copy of the plaint) The defendants entered appearance and filed the written statement resisting the suit.

(3.) HEARD Mr. T.V. Ramanujam, the learned senior counsel appearing for the second defendant/appellant and Mr. V. Raghavachari, the learned counsel appearing for the plaintiffs/respondents.