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2007 Supreme(Mad) 1902

S.ASHOK KUMAR
D. Rajmohan – Appellant
Versus
D. Prema & Others – Respondent


For the Petitioner:M.S. Krishnan, Advocate. For the Respondents:R1, Venkatachalapathy Sr. Counsel for M. Sriram, R7, R. Karthikeyan, Advocates, R3 to 6, No appearance.

Judgment :-

Aggrieved over the fair and decreetal order dated 212. 2005 made in I.A.No.674 of 2005 in O.S.No.469 of 2004 on the file of the learned Additional District Court (Fast Track Court No.II), Coimbatore, the 7th defendant in the suit has filed the civil revision petition.

.2. The case in brief is as follows:

.Respondents 1 to 6 are brothers and sisters and the 7th respondent is the adopted son of deceased V.Janakiammal and K.Venkatesalu and son of the first respondent/plaintiff. The first respondent has filed the suit O.S.No.469 of 2004 praying to pass a decree (a) declaring the marriage between the defendants 5 and 7 as null and void and not valid in law; (b) partitioning the suit properties described in the schedule of properties into seven equal shares and allot one such equal share to the plaintiff; c) appointing a Commissioner to divide the properties and for awarding the costs. The seventh defendant has married fifth defendant. According to the plaintiff, the relationship between the fifth defendant and seventh defendant is within the prohibitory relationship and hence their marriage is null and void. Therefore, in the plaint, though it is a partition suit, a prayer












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