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2011 Supreme(Mad) 1287

G.RAJASURIA
S. Rathinasababathy – Appellant
Versus
S. Gajaganapathy – Respondent


Advocates Appeared:
For the Appellant:G. Rajagopal, Sr. counsel, K. Simeon, A. jayachandran, Advocates. For the Respondents:R1 - A. Venkatesan, R2 to R15, R17, R19, R21 to R23 - A.R. Nixon, R9 & R16 - K.P. Chandrasekaran, Advocates, R18 & R20 - No Appearance.

Judgment :-

1. The second appeal and the cross-objection are focussed by the plaintiff and D26, respectively, inveighing the judgement and decree dated 24.1.2008 passed by the VI Additional Judge, City Civil Court, Chennai, in A.S.No.251 of 2006 reversing the judgement and decree dated 23.10.2002 passed by the XIII Assistant Judge, City Civil Court, Chennai, in O.S.No.12148 of 1989, which was filed for partition.

2. The parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

3. Narratively but precisely, broadly but briefly the relevant facts absolutely necessary and germane for the disposal of this second appeal would run thus:

(a) The appellant herein, as plaintiff filed the suit seeking the following reliefs:

"To pass a judgement and decree against the defendants:

(1) directing division of the suit property into twelve equal shares by metes and bounds;

(2) for allotment of separate possession of 11 shares to the plaintiff;

(3) directing 1/12th share of the 1st defendant over the suit property to the plaintiff for Rs.1273/- and 1/3 under section 9 of the Partition Act;

(4) for appointment of a Commissi







































































































































































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