BASKARAN Vs. R NANDAGOPAL

JUDGEMENT

(1.) THE Appellants/Plaintiffs have filed the present Appeal as against the Judgment and Decree dated 08.04.1996 in O.S.No.74 of 1992 on the file of the Learned Additional Sub Judge, Mailaduthurai.

(2.) THE trial Court, while passing the Judgment in the main suit, in respect of Issue No.5 has, among other things, observed that 'the partition suit filed by the Appellants/Plaintiffs is not affected by the principles of res judicata and further that the suit is not barred as per Order 9 Rule 9 of the CODE OF CIVIL PROCEDURE, 1908 that in respect of Issue Nos.1 and 2 it is observed that even though the 4th Item of A schedule has been purchased through sale in the name of 1st Respondent/1st Defendant, the said property is the joint family property of the Appellants/Plaintiffs and the Respondents/Defendants and further in respect of B schedule Printing Press and machineries it is held that they are not the self-acquired property of the 1st Respondent/1st Defendant and the Printing Press and machineries are held to be the joint family properties belonging to that of the Appellants/Plaintiffs and Respondents/Defendants.' Further, in respect of 13th Item in plaint D schedule, the trial Court has held that it is not the properties of the joint family that in respect of plaint C schedule leaving Item 6-Steel Almirah, other 3 to 13 Items, brass vessels and ever silver articles and gold articles do not belong to the joint family that in respect of D schedule 13th Item-Land, it is held that it does not belong to the joint family and in respect of other items mentioned in the suit properties they are held to be properties belonging to the joint family and therefore, in those properties, the Appellants/Plaintiffs are entitled to half share.

(3.) BEING dissatisfied with the Judgment and Decree of the trial Court dated 08.04.1996 in O.S.No.74 of 1992, the Appellants/ Plaintiffs, as an aggrieved person, have projected this Appeal before this Court.