In this appeal against a judgment and decree dismissing a suit for partition, the High Court upheld the trial court's finding. The appellants failed to prove that the suit properties were the same as those mentioned in the disputed partition deed of 1951, leading to the dismissal of the appeal.
Appeal dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE C.SARAVANAN
A.S No. 352 of 2011
Suriya Moorthy
Anandan
Manjula ... Appellants/Petitioner
Vs.
1.Masilamani
2.Anbuselvi
3.Dakshina Ammal
4.Velayudham
5.M.Velu Gounder
... Respondents/Respondent
Prayer: Appeal filed under Order 41 Rule 1 and Section 96 of CPC against the judgment and decree dated 26.11.2010 made in O.S.No.21 of 2005 on the file of Additional District Judge, Fast Track Court, Tirupattur, Vellore District.
For Appellants : Mr.V.Jeevagiridharan For Respondents : No appearance JUDGMENT
(Delivered by M.M.Sundresh,J.)
The unsuccessful plaintiffs 2 to 4, who are the appellants herein, filed the suit for partition and separate possession.
In view of the above, the appeal stands dismissed. No costs.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
ssm
To:-
The Additional District Judge, Fast Track Court, Tirupattur, Vellore District
+1cc to Mr.V.Jeevagiridharan, Advocate sr.23247
A.S.No.352 of 2011
svi(co)
nr 31/07/2019
3 issues framed by the court
Whether the suit properties are one and the same as mentioned in the partition deed under Ex.A1.
Whether the appellants succeeded in proving that the suit property originally belonged to their father.
Whether the trial Court correctly found that there was no evidence connecting the suit properties with Ex.A1.
2 provisions across 1 enactments
Anandan
Manjula
Suriya Moorthy
Masilamani
Anbuselvi
Dakshina Ammal
M.M. Sundresh
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
