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2007 Supreme(Mad) 505

R.BANUMATHI
D. Saraswathy & Others – Appellant
Versus
K. Krishnasamy & Others – Respondent


Advocates:
For the Petitioners:C.R. Prasanan, Advocate. For the Respondents:
A.K. Kumarasamy, Advocate.

Judgment :-

Petitioners challenge the order dated 19.01.2007 passed by the Subordinate Judge, Tiruppur in E.A.No.24 of 2007 in E.P.No.29 of 2006 in O.S.No.694 of 1976, dismissing the Petition filed under Section 47 C.P.C.

2. There had been various rounds of litigation regarding the subject matter. For proper appreciation of the contentious points raised by the parties, we may briefly refer to certain proceedings and relevant facts thereon. The Petitioners and Respondents 2 to 4 are Sons and Daughters of First Respondent – Krishnasamy through his first wife. The First Respondent has got one Son through his second wife – Pannerselvam, who is the Third Petitioner herein. The First Respondent was allotted 1.04 acres in a family partition between him and his brothers. On 07.06.1969, the First Respondent has sold the Suit Property to the Fifth Respondent – Mayankathal. Three Sons of Krishnasamy viz., Respondents 2 to 4 have filed O.S.No.694 of 1976 on the file of Sub-Court, Coimbatore for Partition and separate possession of their 3/4th share, challenging the said Sale Deed executed by their Father as invalid and that it would not bind their 3/4th share. In the said Suit, the First Respon




















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