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2012 Supreme(Mad) 1578

R.S.RAMANATHAN
N. Manickam – Appellant
Versus
Kanagaraj – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Subbiah, Advocate.
For the Respondents:Mr. P. Saravana Sowmiyan, Advocate.

Judgment :-

1. The plaintiff in O.S.No.1128 of 1997 on the file of the I Additional Sub Court, Coimbatore is the revision petitioner.

2. The plaintiff/revision petitioner filed the above suit for partition against his brother the first respondent for dividing the property and to allot half share. The suit was decreed on 11.4.2000. Thereafter, the first respondent herein filed I.A.No.932 of 2007 on the file of the I Additional Sub Court, Coimbatore for passing final decree in terms of the preliminary decree and during the pendency of the said application, the first respondent herein sold his undivided half share to respondents 2 and 3 by a registered sale deed dated 27.5.2008 for valuable consideration and filed I.A.No.333 of 2008 in I.A.No.932 of 2007 to implead the subsequent purchasers as respondents 2 and 3 and that was ordered as prayed for. Thereafter, the revision petitioner filed I.A.No.332 of 2008 under section 5 of the Partition Act seeking permission of the court to exercise the right of preemption to purchase the undivided share of the first respondent herein stating that the first respondent had sold his undivided share to respondents 2 and 3 and therefore, he is entitl



































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