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2008 Supreme(Mad) 2939

P.K.MISRA, M.JAICHANDREN
Bagirathi & Others – Appellant
Versus
S. Manivanan & Another – Respondent


Advocates Appeared:
For the Petitioners:K.S. Gnanasambandan, M.K. Anusha, Advocates.
For the Respondents:V. Avudai Nayagam, Advocate.

Judgment :-

P.K. Misra, J.

The facts in brief are as follows :-

1. 1 In order to appreciate the contentions raised by the petitioners in this Review Application, it would be appropriate to trace the relationship and genealogy, which is apparent from the pleadings and the evidence of the parties.

1. 2 Appadurai and Doraisamy were two brothers. Doraisamy expired on 210. 1965 leaving behind his widow Karpagambal. They had no issues. Sundarajan, the father of the present disputants, was the son of Appadurai through his first wife. Appadurai had also begotten another son Ranganathan and a daugter Radhabai through his second wife Sundarambal. Sundarajan had expired on 8. 1975, leaving behind six daughters, who are the plaintiffs in the suit for partition (Petitioners in the Review Application) and two sons, who were Defendants 1 and 2 as well as his widow, the original Defendant No.3. Such Defendant No.3, however, had expired during the pendency of the suit. Initially the plaintiffs claimed 1/9th share each, but subsequently, on the death of their mother, they amended the plaint and claimed 1/8th share each.

1. 3 The case of the plaintiffs / petitioners as projected in the plaint was to t















































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