None 3192 of 2020 on 23 August 1948

RMT.TEEKAA RAMAN,J.

The suit for partition has been decreed in the suit. Hence, the defendants have preferred this appeal.

2. In the written statement in O.S.No.117 of 2013 before the learned I Additional District Judge, Salem, the father of the defendant has acquired the property by self-acquisition and by a registered Sale Deed dated 23.08.1948 and also executed a Will dated 30.10.1972.

3. It is further contended by the defendants/appellants that, the property is not available for partition. The trial Court has not specifically framed any issues to the effect of whether the Will dated 30.10.1972 is true and genuine, but the Court has given a finding, hence the same is to be determined at the time of the final disposal.

4. Since it is an partition-suit already decreed, there shall be an order of passing of final decree alone.

24.07.2024

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