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2006 Supreme(Mad) 3243

S.ASHOK KUMAR
Subramaniam – Appellant
Versus
Gunasundari & Others – Respondent


Appearing Advocates:For the Petitioner:A.K. Kumarasamy, Advocate. For the Respondents:R1, M.M. Sundaresh, Advocate.

Judgment :-

(Civil Revision Petition filed praying to set aside the order dated 28.07.2006, refusing permission to mark the family arrangement deed dated 13.05.1993 and allow the petitioner to mark the said document on behalf of the first defendant.)

The revision petitioner is the first defendant in the suit. The suit has been filed for partition and separate possession by the first respondent herein stating that the first respondent constitutes a Hindu Joint Family along with defendants 1 and 2 and she is a co-parcener in the suit schedule properties and that she is entitled to one share as per Section 29-A of the Hindu Successions Act and as the first defendant/revision petitioner is said to have executed a settlement deed in favour of the second defendant/second respondent herein, and sale deed in favour of the third defendant/3rd respondent on 25.09.1992, the suit was necessitated as the petitioner/first defendant do not have the right to alienate the share of the first respondent.

2. The petitioner/first defendant resisted the suit stating that she was not in possession and the plaintiff eloped and got married in the year 1991 and that in a Panchayat arranged at her instance on





























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