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2005 Supreme(Mad) 1479

PRABHA SRIDEVAN
Ganesa Naicker & Another – Appellant
Versus
Kokilambal & Others – Respondent


Advocates Appeared:For The Petitioners:M.S. Subramanian, Advocate. For The Respondents:R1 & R2 C.R. Rukmani, Advocate, R3 Not Ready, R4 & R5 No Appearance.

Judgment :-

(PRAYER : Civil Revision Petition against the order and decretal order dated 1.2.2005 passed by the District Munsif-cum-Judicial Magistrate at Thirukkazhikundram in I.A. No.163 of 1997 of O.S. No.96 of 1971.)

The respondents filed an application for passing of final decree which was ordered and the revision petitioners are before this Court aggrieved by the said order.

2. Respondents 1 and 2 filed O.S. No.96 of 1971 for partition of their 71/225th shares. The first respondent herein is the widow of one Gopalakrishna Naicker and the second respondent is her daughter. One Govindasamy Naicker, who was the first defendant, had two sons. One was the aforesaid Gopalakrishna Naicker and the other, the first petitioner herein. He also had two daughters, who are the third respondent herein and one Sivakami Ammal, whose daughter is the fourth respondent. The fifth respondent is the purchaser of one item of the suit property. The aforesaid Govindasamy Naicker, the deceased first defendant and his two sons constituted a Joint Hindu Family. From out of the income of this joint family nucleus, the other properties were purchased. The husband of the first respondent died in January, 19























































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