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2005 Supreme(Mad) 1061

R.BANUMATHI
Virudhuchalam Co-operative Building Society Ltd. – Appellant
Versus
Natarajan & Others – Respondent


Advocates Appeared:For The Petitioner:V. Raghavachari, Advocate. For The Respondents: Notice not served to R1 & R2. R3 & R4 No Appearance.

Judgment :-

This revision is directed against the order of Principal District Munsif, Virudhachalam, made in I.A.No. 229 of 1989 in O.S.No.791 of 1983, dated 14.12.1999 dismissing the petition filed under Sections 152, 153 read with 151 C.P.C. declining to correct the Judgment and the decree. Third Defendant - Virudhachalam Co-operative Building Society Ltd. Represented by its Secretary is the Revision Petitioner.

2. O.S.No. 791 of 1983:- Respondents 1 to 4/ Plaintiffs have filed this suit for partition and separate possession. Plaintiffs and the first and second Defendants are brothers. According to the Plaintiffs, their grand mother Alamelu Ammal was having only the life estate in the third item of the Plaint schedule property. The said Alamelu Ammal had created a mortgage in favour of D3-Soceity which is not binding the Plaintiffs. Hence, the Plaintiffs have filed the suit claiming that they are entitled to 3/4 share in items 1 and 2 and that the Plaintiffs are absolutely entitled to item No.3. The suit was decreed holding that the Plaintiffs are entitled to 3/4 share in Itemss 1 and 2. It was held that the Plaintiffs are absolutely entitled to Item No.3. Regarding Item No.3, the


































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