K BANUMATHI Vs. R SAKKUBAI

JUDGEMENT

(1.) THIS second appeal has been filed by the legal heirs of the 7th defendant-Kabeerdas, animadverting upon the judgment and decree 27.11.2008 passed by the learned Principal District Judge, Vellore, in A.S.No,4 of 2008, confirming the judgment and decree dated 11.9.2006 passed by the learned Subordinate Judge, Vellore, in I.A.No,416 of 1984 in O.S.No,92 of 1983. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus:

(3.) IT is also a fact that Kannammal-D6 filed a separate suit as against the present appellants herein for declaring her status as the legitimate wife of Thiruvengadapillai. The LRs of Kabeerdas, namely, the appellants herein also, filed a separate suit. The suit of Kannammal was dismissed, as against which, she filed appeal and the same is pending. The suit filed by the legal heirs of Kabeerdas-the appellants herein for partition was also dismissed at the numbering stage itself, as against which, CRP was filed and the same was withdrawn as not maintainable and subsequently regular appeal was filed, which is also pending. To sum up, the original suit initiated by Kannammal-D6 for declaration of her right as the wife of Thiruvengadapillai and the original suit initiated by the LRs of Kabeerdas are all pending at the appellate stage now as against Sakkubai-the first respondent/plaintiff herein.