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2011 Supreme(Mad) 4575

G.RAJASURIA
Kumarasamy – Appellant
Versus
Rajkumar – Respondent


Advocates Appeared:
For the Appellant:P. Senthurpandian, Advocate.
For the Respondents - R1 - M. Sidharthan for J. Anandhavalli, R7 to R10 -Mohammed Ibrahim Shahib for A. Arumugam, Advocate.

Judgment :-

1. This second appeal is focussed by the plaintiff animadverting upon the judgment and decree dated 22.12.2006 made in A.S.No.192 of 2006 on the file of the I Additional Sub Judge, Tirunelveli, in reversing the judgment and decree dated 25.04.2005 made in O.S.No.94 of 2000 on the file of the Principal District Munsif cum Judicial Magistrate, Nanguneri.

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

3. Compendiously and concisely, the relevant facts absolutely necessary for the disposal of this second appeal would run thus:

The plaintiff filed the suit for partition of the properties described in the schedule of the plaint and for allotment of his 1/3rd share.

4. The defendants 1 to 4 filed the written statement resisting the suit by contending that the various family properties including the suit property were partitioned and as such, there is no question of partitioning the suit property once again would arise.

5. The fifth defendant did not file any written statement resisting the suit.

6. The sixth defendant being the purchaser of a portion of the suit property from th




















































































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