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2011 Supreme(Mad) 3430

M.VENUGOPAL
Manickam – Appellant
Versus
Chinnasamy – Respondent


Advocates Appeared:
For the Petitioner:P. Valliappan, Advocate.
For the Respondents:P.T. Asha, M/s. Sarvabhauman Associates, Advocates.

JUDGMENT :-

1. The Revision Petitioner/Petitioner/Plaintiff has filed the instant Civil Revision Petition as against the order dated 14.10.2009 in I.A.No.1425 of 2009 in O.S.No.628 of 2003 passed by the Learned III Additional District Munsif, Kallakurichi.

2. The trial Court, while passing orders in I.A.No.1425 of 2009 in O.S.No.628 of 2003 dated 14.10.2009, has, among other things, observed that 'the Ex.B.14-Partition Agreement/Partition Deed has been marked subject to admissibility and relevancy and the nature of document would be decided at the time of disposal of the suit and resultantly, dismissed the application without costs.'

3. In the affidavit in I.A.No.1425 of 2009 has averred that the Partition Deed is not a true one and further, in their family, no partition like that has taken place and that the said document has been a created one and also the same has not been registered.

4. Added further, it is the case of the Revision Petitioner/Plaintiff that the Partition Deed since it is not a registered one, is not a proper document which is to be marked and at earlier point of time, when the said document has been attempted to be marked, the Court has rejected the same because






























































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