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2011 Supreme(Mad) 3549

S.RAJESWARAN
Family Manager Dr. N. Gunasekar – Appellant
Versus
N. Santha – Respondent


Advocates appeared:
For the Petitioner:S.V. Jayaraman, Senior Counsel for M. Duraisamy, Advocate.
For the Respondents:Hema Sampath, Senior Counsel for I.C. Vasudevan, Advocate.

JUDGMENT :-

1. This Civil Revision Petition has been filed against the order dated 23.04.2008 made in I.A.No. 68 of 2008 in O.S.No. 74 of 2004 on the file of the Principal Sub Court, Gobichettipalayam.

2. This Civil Revision Petition has been filed by the defendant in O.S.No.74 of 2004.

3. O.S.No.74 of 2004 has been filed by the respondents/plaintiffs before the Subordinate Court, Gopichettipalayam, for partition and separate possession and for injunction.

4. The case of the plaintiffs in the said suit was that, the suit properties are the ancestral properties which fell to the share of their late father M.C.Narayanaswamy under a Registered Family Partition Deed dated 27.01.1963. The suit properties were not partitioned during the life time of their father and during his life time he had executed an unregistered will on 02.10.2001, bequeathing the entire properties to the respondents/plaintiffs and therefore, the respondents/plaintiffs are entitled to = share of the suit properties and the defendants and his heirs are entitled to the other = share. The defendant filed a written statement and the suit is being contested. While so, pending suit, the plaintiffs filed I.A.No.361 of 2007













































































































































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