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2007 Supreme(Mad) 4018

A.KULASEKARAN
M. Gurusamy (died) & Another – Appellant
Versus
G. Vijaya & Others – Respondent


Advocates:
For the Petitioners:P. Valliappan, Advocate. For the Respondents:
K. Ravichandrababu, Advocate.

Judgment :

The defendants 1 and 3 in O.S. No. 261 of 2005 on the file of Principal District Munsif Court, Bhavani are the revision petitioners, herein. The first respondent herein has filed the said suit for partition., Pending suit, the petitioners herein have filed I.A. No.89 of 2006 under Order 7, Rule 11 C.P.C. to reject the plaint. The said application was dismissed by the Court below on 211. 2006, hence, the present revision petition has been filed.

2. Mr. Valliappan, learned counsel appearing for the petitioner submitted that the plaint is liable to be rejected in view of the fact that the deceased first petitioner herein, who is the father of the second petitioner herein had executed a registered release deed dated 29. 2004 in his favour which is prior to the cut off date i.e., 20.12.2004, from that date the first respondent is entitled to benefits if any, under Section 6 of the Hindu Succession Act, 1956, as amended by Act 39 of 2005, hence, the suit filed by her, seeking for partition of the very same property is untenable in law, therefore, the petitioners have filed the application to reject the plaint, which was erroneously rejected by the Court below; that the disposi






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