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2006 Supreme(Mad) 3390

R.BANUMATHI
Hawa Ummal – Appellant
Versus
Mohammed Yousuff (deceased) & Others – Respondent


Appearing Advocates:For the Petitioner:Srinath Sridevan, Advocate. For the Respondents:K.M. Nalinisree, Advocate.

Judgment :-

(Petition filed under Section 115 of C.P.C. against the fair and decretal Orders dated 19.3.1996 made in unfiled I.A.No.-/96 in I.A.No. 145 of 1985 in O.S.No. 12 of 1984 on the file of the Additional District Judge, Pondicherry at Karaikkal.)

This Revision Petition is directed against the rejection of unfiled I.A.No.-/96 in I.A.No. 145 of 1985 in O.S.No.12 of 1984 on the file of Additional District Judge, Pondicherry at Karaikal.

2. Brief facts of the case are as follows:-

2.1. The Plaintiff has filed the Suit in O.S.No.12 of 1984 on the file of Additional District Judge, Pondicherry at Karaikal, for partition of her 3/4th share. Preliminary decree was passed on 28.2.1988. The Plaintiff has filed I.A.No.145 of 1985 for passing a final decree in terms of the Preliminary Decree. A compromise memo was filed and decree was passed pursuant to the compromise memo. As per the compromise memo, instead of 7½ feet entitled by the Defendant, the learned counsel for the Plaintiff and Defendant endorsed that the Defendant was entitled to 9 feet width in the total length, for which a sum of Rs.5000/- was assured to be paid as compensation. Rs.3000/- was stated to be paid then and there































































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