MINOR ULAGAMMAL @ KANTHIMATHI Vs. S.SOMASUNDARAM & ORS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/plaintiff against the order and decreetal order of the learned First Additional District Judge, Tirunelveli, dated 23.11.2005 dismissing the application in I.A.No.68 of 2005 in I.A.No.146 of 2006 in O.S.No.64 of 2004.

(2.) The appellant herein filed a suit in O.S.No.64 of 2004 before the First Additional District Court, Tirunelveli, as early as in the year 2001, which got numbered in the year 2004, wherein, the suit is filed for partition seeking one-sixth share to the plaintiff by partitioning the schedule mentioned properties 1 to 4, by metes and bounds and to deliver the same to the plaintiff and further, the appellant/plaintiff sought for a direction directing the defendants to give one-sixth share in the profit of the fifth and sixth schedule business from the demise of Sankaran Chettiar and to pay the same continuously by producing accounts to the plaintiff.

(3.) The appellant/plaintiff-minor Ulagammal alias Kanthimathi, represented by her mother and next friend Krishnammal, filed a suit stating that the said Ulagammal alias Kanthimathi was the daughter of late Sankaran Chettiar through his second wife-Krishnammal. The said Sankaran Chettiar died leaving behind the defendants 1 to 5 as well as the plaintiff as legal heirs and the appellant/plaintiff is also entitled for one-sixth share from the estate left behind by the said Sankaran Chettiar.