It is number necessary to set out the entire facts of Signature Not Verified Digitally signed by ANITA MALHOTRA the case in detail except to the extent necessary for Date 2018.08.10 171408 IST Reason the disposal of the appeal.
The appellant is the plaintiff and the respondents are the defendants.
The respondents companytested the suit.
By impugned order, the High Court allowed the appeal and dismissed the suit giving rise to filing of the appeal by way of special leave before this Court by the plaintiff.
This suit i.e., O.S.No.46/1986 is for partition of several properties belonging to the members of the family, who are also parties to the present appeal.
The defendants felt aggrieved and filed second appeal before the High Court.
The appellant felt aggrieved and filed first appeal before the District Judge.
By judgment decree dated 07.03.1994, the first Appellate Court allowed the plaintiffs appeal and decreed the suit.
By judgment decree dated 29.04.1991 in O.S. No.236 of 1989, the Trial Court dismissed the appellants suit.
The suit out of which this appeal arises was for a declaration and permanent injunction in relation to certain immovable properties as specified in the plaint, which are alleged to belong to members of the family.
The appellant and the respondents are members of one family and are thus related to one another.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 23.12.2004 passed by the Madras High Court Madurai Bench in Second Appeal No.19 of 1995 whereby the High Court allowed the second appeal and set aside the order of the lower Appellate Court.
