SYRIAPUSHPAM Vs. SULOCHANA

JUDGEMENT

(1.) Heard Mr.V.Meenakshi Sundaram, learned senior counsel for Mr.D.Nallathambi, learned counsel appearing for the appellant and Mr.K.Sreekumaran Nair, learned counsel appearing for the respondent.

(2.) This appeal is filed against the Judgment and Decree passed in A.S.No.38 of 2003 dated 19.07.2006 on the file of the Subordinate Court, Kuzhithurai reversing the Judgment and Decree in O.S.No.544 of 1996 dated 30.12.2002 on the file of the II Additional District Munsif Court, Kuzhithurai.

(3.) The appellant herein is the plaintiff, the respondent herein is the defendant in the suit. The appellant herein has filed a suit in O.S.No.544 of 1996 before the learned II Additional District Munsif, Kuzhithurai seeking for a prayer of partition and for separate possession of half share in the suit property and that the share of the plaintiff to be alloted on the western side in North South direction. The suit was decreed by the learned II Additional District Munsif, Kuzhithurai. Against the Judgment and decree, the respondent herein has filed an appeal in A.S.No.38 of 2003 before the learned Sub Judge, Kuzhithurai and the appeal was allowed by reversing the Judgment and Decree passed in the trial Court. Aggrieved by the Judgment and Decree, the appellant herein has filed this second appeal.