K.MOHAN Vs. K.DAMODARAN

JUDGEMENT

(1.) This Appeal, under Sec. 96 of the Code of Civil Procedure, 1908 [hereinafter referred to as "C.P.C."], is filed by the Appellant challenging the decree and judgment, dtd. 29/8/2002 in O.S.No.85 of 1999 passed by learned Senior Civil Judge, Punganur [hereinafter referred to as "the trial Court"].

(2.) The appellant herein is the plaintiff and the respondents 1 to 8 herein are the defendants in O.S.No.85 of 1999. During the pendency of the appeal, the respondents 9 to 11 were brought on record as legal representatives of deceased respondent No.6 and 12th respondent was brought on record as legal representative of deceased respondent No.2. The appeal against the 1st respondent was dismissed for default as per the Court order dtd. 25/4/2016.

(3.) The appellant / plaintiff filed the suit for partition of the plaint schedule properties into eight equal shares and allot 1/8th share to the plaintiff by division by metes and bounds and by setting aside the relinquishment deed dtd. 19/9/1985 in respect of the plaintiff's share or in the alternative to allot the properties as per the Will dtd. 8/10/1985 to the plaintiff and for costs of the suit.