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2005 Supreme(Mad) 481

R.BANUMATHI
Fransisco Pandian – Appellant
Versus
Joseph & Another – Respondent


Advocates Appeared:For the Petitioner:K. Srinivasan, Advocate. For the Respondents: No appearance.

Judgment :-

(Civil Revision Petition, filed under Section 115 C.P.C against the order of the District Munsif, Srivaikuntam dated 03.12.2002 in I.A.No.775 of 2002 in O.S.No.136 of 2001, as stated therein.)

This Civil Revision Petition is directed against the Order of District Munsif, Srivaikuntam dated 03.12.2002 in I.A.No.775 of 2002 in O.S.No.136 of 2001, dismissing the Petition filed under Order VIII Rule 9 C.P.C – Receipt of Reply Statement filed by the Plaintiff. Revision Petitioner is the Plaintiff.

2. Relevant facts necessitated for disposal of this Civil Revision Petition could briefly be stated thus:-

Suit Property relates to Nazereth Village

Punjai Land S.No.220/1 ..... 7.18 acres on the North Eastern side

-----------------------------

Out of 9.38 Acres

New Sub Division .... 220/1A.

Case of the Plaintiff is that the Suit Property belonged to her Mother – Gnanammal. Plaintiff's Mother - Gnanammal executed a Settlement Deed in respect of the Plaint First Schedule Property in favour of the Plaintiff. On 18.09.1996 and 26.06.1997, the Plaintiff alienated a portion of the First Schedule Property. The Plaintiff claims to be in exclusive possession and enjoyment of the Plaint Schedule













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