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1995 Supreme(Mad) 361

N.ARUMUGHAM
H. M. Kari Gowder – Appellant
Versus
H. M. Halan – Respondent


R. Krishnamuthry, Advocate General for M/s. K. Venugopal and T.G. Kavitha, Advocates for the petitioner; Mr. G. Masilamani, Senior Counsel for M/s. S. Ramamoorty, P. Prabha Sridevan and R. Ramesh, Advocates for the Respondent.

Judgment :

As the dispute among the parties herein relates to the same set of property with three distinct reliefs asked for in a suit, which is pending disposal, with the consent of the Bar for the respective parties, for probing the identical question of law, all the three matters were heard together and disposed of by delivering the common order.

2. The two appeals and the revision are directed by the first defendant by name Kari Gowder in the suit O.S.176/84, now pending before the learned District Judge at Ootacamund in Nilgiris District, for the relief of partition, possession and so on, filed by the respondent herein. The parties herein along with others are brothers owning extensive landed and house properties in and around Ootacamund in Nilgiris District like estates, tea and coffee gardens, house properties, bank deposits and so on, which are the several items of the suit properties. The plaintiff, viz., the respondent herein being the brother of the appellant/revision petitioner herein, claiming 9/40 share in all the items of the suit properties, on the basis that the same are the joint family properties, laid the suit in the year 1984. By filing a written statement the


































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