P.GOVINDAMMAL Vs. P.MARATHAL

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the Court below in dismissing the suit filed for partition, the present Second Appeal has been filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) The brief facts leading to filing of this Second Appeal is as follows : The plaintiffs and the defendants 2 to 4 are children of one Peria Rasappa Gounder. The first defendant is his wife. The suit properties belonged to the said Peria Rasappa Gounder. He died intestate on 13.04.1999. The plaintiffs are entitled to 1/6th share each. The second defendant has filed a suit for partition in O.S.No.419 of 1999. The third defendant in the present suit obtained signatures of the plaintiffs and undertook to get the share of the plaintiffs. However, the plaintiffs came to know that the defendant has not prosecuted the above suit. Hence, the suit.