PACHIAMMAL Vs. ARJUNA GOUNDER

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 23/4/2010 passed in A.S. No. 12 of 2010 on the file of the learned Principal District Judge, Villupuram, reversing the judgment and decree dtd. 22/10/2009 passed in O.S. No. 75 of 2007 on the file of the learned Additional Subordinate Judge, Tindivanam.

(2.) The first appellant in this appeal preferred the above referred suit as against the respondent and against the second appellant, seeking the relief of preliminary decree for partition, allowing her 1/3rd share, in order to pass final decree with metes and bounds.

(3.) The learned Additional Subordinate Judge, Tindivanam, by judgment and decree dtd. 22/10/2009, decreed the suit, as the plaintiff and the second defendant are each entitled to 1/3rd share in 'A' and 'B' schedule property. Excluding 5th and 6th item of 'A' schedule property and 10th item of 'B' schedule property and each an amount of Rs.10,000.00 from the Fixed Deposit, which is in the name of Annadurai. In the appeal, the learned Principal District Judge, Villupuram, reversed the findings arrived at by the trial Court and ultimately, the suit was dismissed. Being dissatisfied with the said findings, the plaintiff and the second defendant, are before this Court with the present Second Appeal.