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2006 Supreme(Mad) 3252

S.ASHOK KUMAR
Sellamuthugounder – Appellant
Versus
Marappagounder & Others – Respondent


Appearing Advocates:For the Petitioner:N. Manoharan, Advocate. For the Respondents:R1, Ayyadurai, Advocate.

Judgment :-

Aggrieved over the fair and decretal order dated 21.6.2005 made in I.A. No. 108 of 2005 in O.S. No. 924 of 2004 on the file of the First Additional District Munsif, Bhavani, this civil revision petition is filed.

2. Brief facts of the case are as follows:

The respondents 1 to 3 have filed the said suit claiming for partition and separate posses­sion of 5/12 shares of the suit.

3. Pending suit, the petitioner and defen­dants 4 and 5 have filed an I.A. No. 108 of 2005 to endorse on the document dated 27.8.1981 (Partition Agreement) as an admitted docu­ment in evidence in the suit. The respondents/ plaintiffs opposed the said petition contending that the third defendant in his chief- examina­tion has specifically called the document as Agreement of Partition Settlement and thus it has to be registered with necessary stamp duty.

4. The learned Additional District Munsif, Bhavani, on consideration of the averments and the respective submissions made by the counsel appeared on either side dismissed the Interlocutory Application holding that the document has not been written in proper manner and has also not been properly stamped and therefore it could not be taken into consider­a























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