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2005 Supreme(Mad) 1152

R.BANUMATHI
Natarajan & Another – Appellant
Versus
Bandari Gounder – Respondent


Advocates Appeared:For The Petitioners:V.S.Usha Rani, Advocate. For The Respondents: No appearance.

Judgment :-

This revision arises out of the order of the Additional District Munsif, Gingee, made in I.A. No.227/2001 in O.S.No. 600/1995, dismissing the petition filed under Or.1, R.10(2) CPC. The Plaintiffs are the Revision Petitioners.

2. O.S.No.600/1995:-

The suit property originally belonged to the family of Ayyakannu Gounder. Genealogy of Ayyakannu Gounder is as under :-

3.The sons and daughters of Ayyakannu Gounder have partitioned the family properties by a Partition Deed dated 14.10.1959. The said Muniammal had executed a Settlement Deed dated 04.03.1962, settling the properties in favour of her daughters. The Settlement Deed executed by Muniammal was acted upon. Pursuant to the Settlement Deed, the second Defendant has no manner of interest or right in the suit property, but has been laying claim over the suit property. Hence claiming that the Plaintiffs are entitled to half share, the Plaintiffs have filed the suit for partition.

4.Denying the right and share of the Plaintiffs, the second Defendant has filed the Written Statement referring to the earlier suit O.S.No.460/1983. According to the second Defendant, the suit O.S.No.460/1983 is the comprehensive suit filed by the s














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