S.RAJESWARAN
Family Manager Dr. N. Gunasekar – Appellant
Versus
N. Santha – Respondent
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
1971 (2) MLJ 126 (T.N.Ranganathan v T.K.Subramaniam)
1984 (1) MLJ 28 (Lala Chatram, rep. By hereditary and Manging Trustee
1998 (3) CTC 571 (R. Asokan v P.Muthusamy & 3 ors.)
1996 (2) CTC 127 (R.Thyagarajan v Meenakhi Ammal)
2003 (3) MLJ 551 (Duraikannu & ors. v Malayammal)
2006 (4) MLJ 919 (Murugesan v Alamelu Ammal & ors.)
2006 (8) SCC 581 (Sheela Devi & ors. v Lal Chand & anr.)
2008 (1) MLJ 560 (Angammal & anr. v C.Sellamuthu & anr.)
1999 LW 458 (SC) (M/s.Konkan Trading Company v Suresh Govind Kamat Tarkar & ors.)
1991 (3) SCC 647 (S.Sai Reddy v S.Narayana Reddy & ors.)
AIR 1973 SC 643 Charles Samuel v Board of Trustees, Devaswam Board Office
(1978) 91 LW 320 K.Chinna Vaira Thevar v S.Vaira Thevar
Hulas Rai Baij Nath v K.P. Bass & Co. AIR 1968 SC 111 = 1967 (3) SCR 886
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