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1966 Supreme(Mad) 391

RAMAPRASADA RAO
Firm of Mahadeva Rice and Oil Mills – Appellant
Versus
Chennimalai Goundar – Respondent


Advocates:
T.R. Ramachandran, for Petitioners; K. Sarvabhauman, for Respondent.

ORDER :- The petitioners in both the civil revision petitions are the same. The petitioners were the co-owners of a rice-mill known as Mahadeva Rice and Oil Mills, along with one Palaniappa. The said Palaniappa sold his moiety of his share to the respondent. The respondent alleged that he is a co-sharer in the said mills and on that basis filed O.S. No. 164 of 1963 on the file of the Court of the Subordinate Judge, Erode, for a partition of the mills and for separate possession of his share. The petitioners filed their written statement contending inter alia that the mills is a partnership property and that a suit for partition is not maintainable, during the continuance of the partnership. Whilst this suit was pending, the petitioners filed a suit O.S. No. 520 of 1963 in the District Munsif's Court, Erode, against the respondent and prayed for an injunction restraining the respondent from trespassing into the rice-mill premises and interfering with the business of the petitioners. The suit was transferred to the Subordinate Judge's Court, Erode, and now bears O.S. No. 151 of 1964. After the pleadings in both the suits were complete, the respondent took out an application in each o









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