KOTHANDAPANI Vs. K SUBRAMANIAN

JUDGEMENT

(1.) The first defendant in O.S.No. 862 of 1993 on the file of the Principal District Munsif Court, Thirukoilur, is the appellant herein.

(2.) O.S.No. 862 of 1993 had been filed by two plaintiffs K.Subramanian and his mother Pappammal against three other sons of the second defendant, namely Kothandapani, K.Venkatesan and K.Munusamy and also against Abdul Rahim, who was shown as the fourth defendant. Pending the suit, the second plaintiff Pappammal died. The 5th to 9th defendants were also brought on record. The said suit had been filed seeking partition and separate possession of originally 1/5th share in the suit property and subsequent to the death of the second plaintiff for 1/4th share in the suit property and also for past and future mesne profits. By Judgment and Decree dated 30.08.1999, the suit was decreed.

(3.) Thereafter, the 1st, 4th to 6th, 8th and 9th defendants filed A.S.No. 174 of 1999 before the District Court, Villupuram. By Judgment and Decree dated 04.04.2002, the learned Additional District Judge, Villupuram dismissed the appeal.