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1996 Supreme(Mad) 1003

S.S.SUBRAMANI
Subbulakshmi Ammal – Appellant
Versus
R. Balasubramanian – Respondent


Advocates Appeared:
For the Petitioners: T.R. Rajagopalan, Senior Counsel for T.R. Rajaraman, K. Sampath, Senior Counsel.
For the Respondent:M.N. Padmanabhan, Senior Counsel for M.N. Muthukumaran, S.V. Jayaraman, Senior Counsel for S. Mahimairaj, A.S. Chandrasekaran, Advocates.

Judgment :-

1. Except C.R.P. No. 1135 of 1990, the other matters, namely, C.R.P. Nos. 591 and 592 of 1984 and C.M.A. No. 97 of 1984 arise from a common order passed by the learned Subordinate Judge, Tuticorin, in O.S. No. 148 of 1971. C.R.P. No. 591 of 1984 arises from E.A. No. 287 of 1981; C.R.P. No. 592 of 1984 arises from E.A. No. 224 of 1981 and C.M.A. No. 97 of 1984 arises from E.A. No.

501 of 1980 in the above suit. C.R.P. No. 1135 of 1990 also arises from the same suit, but it arises from E. A. No. 476 of 1986 against the Order passed thereon, on 20.7.1987.

2. The material facts of the case can be summarised as follows:—

The plaint schedule property which is the subject matter of these proceedings originally belonged to late Ramasamydoss who died on 7.1.1964. He died as a debtor and some of his legal representatives filed a suit O.S. No. 26 of 1965, on the file of Sub Court, Tuticorin, for administration of the estate and for taking accounts. Various creditors were also made parties to the suit, and all the properties belonging to him were also scheduled, which included his self acquired properties and also properties over which he had an undivided share. In that suit, an Adv























































































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