M. THANGARAJ Vs. MARIAMMAL

JUDGEMENT

(1.) This Appeal has been filed by the appellant/6th defendant against the Judgment and Decree passed by the learned Sub Judge, Ramanathapuram, in A.S.No.32 of 2006, dated 25.01.2007, reversing the Judgment and Decree, dated 08.12.2004, passed in O.S.No.56 of 2004, by the learned District Munsif, Ramanathapuram.

(2.) The respondents / plaintiffs filed a suit in O.S.No.147 of 1998, on the file of the learned Subordinate Judge, Ramanathapuram, seeking the relief of partition. During pendency of the said Suit, as per the proceedings passed by the learned District Judge, Ramanathapuram, the case was transferred to the file of the learned District Munsif, Ramanathapuram and taken on file as O.S.No.56 of 2004. The learned District Munsif, Ramanathapuram, by Judgment and Decree dated 08.12.2004, allowed the suit with respect to the first item of the suit schedule property and dismissed the suit with respect to the second item of schedule property. Aggrieved by the same, the plaintiffs filed an appeal in A.S.No.32 of 2006, on the file of the learned Subordinate Judge, Ramanathapuram. The learned Subordinate Judge, Ramanathapuram by Judgment and Decree, dated 25.01.2007, allowed the appeal in respect of the plaint second schedule property and confirmed the findings arrived at by the learned District Munsif in respect of the plaint first item of the property. Accordingly, a preliminary decree for partition was passed in favour of the appellants. Feeling aggrieved by the same, the sixth defendant has filed the present second appeal.

(3.) For the sake of convenience the parties are referred to as, as described before the trial Court.