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2007 Supreme(Mad) 355

P.K.MISRA, M.JAICHANDREN
G. Sekar – Appellant
Versus
Geetha & Others – Respondent


For the Petitioner:Ramanarayanan for M/s. Sampathkumar & Associates, Advocate. For the Respondents:P.B. Balaji, T.S. Sivagnana Sambandam, Advocates.

Judgment :-

P.K. Misra, J.

These two appeals have been filed against the common judgment of the learned single Judge in C.S.No.153 of 1996 and T.O.S.No.4 of 1998 dated 112. 2000.

2. The dispute relates to the property of one M.K. Govinda Singh. He had married one Sakunthala Bai. He has one son G. Sekar, the present appellant, and four daughters, namely, Geetha, Vijaya, Shanthi and Uma. Geetha and Vijaya filed C.S.No.153 of 1996 arraying the present appellant as Defendant No.1 and other two daughters as defendants 2 and 3, claiming partition of the property of Govinda Singh, who died on 1. 1996. Sakunthala Bai, the mother of the parties, had already pre-deceased in the year 1992. Subsequently, a an application was filed by one G. Ramesh in C.S.No.153 of 1996 for being impleaded as a party to such suit on the allegation that the deceased Govinda Singh had also married one Saroja as second wife and had begotten two daughters and one son, namely, Jothi and Maya and Ramesh. On the basis of such allegation, Ramesh was impleaded as Defendant No.4. G. Sekar, the first defendant in C.S.No.153 of 1996, filed a written statement contending that Govinda Singh had not died intestate but he had l








































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