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1993 Supreme(Mad) 447

THANGAMANI
Valliammal – Appellant
Versus
Rajathiammal – Respondent


Advocates Appeared:
For the Petitioner:P.T.S. Narendravasan, Advocate.
For the Respondents:P. Selvaraj, Advocate.

Judgment :-

1. One Rajathi Ammal the first respondent in these civil revision petitions filed O.S. No. 85 of 1978 in the Court of the Subordinate Judge of Madurai for partition and separate possession of her one-third share in the property described therein. The present second respondent and the revision petitioner were defendants 1 and 2 respectively in that action. On 19.4.1979 the preliminary decree was passed in the suit. The Commissioner appointed in I.A. No. 76 of 1980 submitted his report stating that the nature of the property is such that division by metes and bounds is not feasible. So in that application the Sub Court passed an order on 16.3.1982 that the said properly has to be sold in public auction under S. 2 of the Partition Act and the sale proceeds are to be shared among the parties. The revision petitioner who was a party in I.A. No. 76 of 1980 did not prefer any appeal or revision against the said order. Then the first respondent/plaintiff filed E.P. No. 3 of 1985 in O.S. No. 85 of 1978 for the sale of the said house. In the meanwhile, one Maruthamuthu who purchased the 1/3 share of the first defendant Mookayee Ammal got himself impleaded as the third respondent i


























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