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2005 Supreme(Mad) 657

R.BANUMATHI
Selvaraj & Others – Appellant
Versus
Sundararajan & Others – Respondent


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

Judgment :-

(Civil Revision Petition filed under Sec.115 C.P.C against the order dated 07.02.2003 passed by the Additional District Munsif, Sankarankoil in I.A.No.740 of 2002 in O.S.No.595 of 1996, as stated therein.)

This Civil Revision Petition is preferred against the Order of Additional District Munsif, Sankarankoil dated 07.02.2003 passed in I.A.No.740 of 2002 in O.S.No.595 of 1996, dismissing the Petition filed under Order 23 Rule 1-A C.P.C to transpose the Third Plaintiff as Third Defendant. Plaintiffs 1, 2 and 4 are the Revision Petitioners.

2. The Plaintiffs 1 to 3 and one late Krishnan – Husband of the Fourth Plaintiff – Mercy are Brothers. Their Father – Muniyandi alias Subbiyah and one Shanmugathammal (Paternal Grandmother of the Defendants 1 and 2) have jointly purchased the Suit Properties. The said Shanmugathammal and her Sons Pandi and Srinivasan have sold their share of the Property to the said Muniyandi alias Subbiyah by the Sale Deed dated 10.02.1967 and 11.05.1969. Defendants are the Son and Daughter of one Chinnasamy. The said Chinnasamy is the Son of Shanmugathammal. No share had been allotted to the said Chinnasamy in the Suit Properties. Though no share was a















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