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2012 Supreme(Mad) 3501

G.RAJASURIA
R. Ramanathan – Appellant
Versus
M. Arunkumar – Respondent


Advocate Appeared:
For the Appellant:P. Valliappan, Advocate.
For the Respondents:R1 - K. Kalyanasundaram, R2 - C.R. Prasannan, Advocates.

Judgment :-

1. This appeal is focussed by the D2 as against the judgement and decree dated 22.1.2008 passed by the Additional District Court (Fast Track Court No.1), Coimbatore, in O.S.No.119 of 2006, which is one for partition.

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

3. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this appeal, in a few broad strokes can be encapsulated thus:

(i) The first respondent herein, as plaintiff, filed the suit O.S.No.119 of 2006 for partition seeking the following relief:

"to grant a decree and judgement in favour of the plaintiff:

a. directing the division of the suit property into ten equal shares by metes and bounds in which allotment of four such share to the plaintiff and put the plaintiff in separate possession thereof."

(extracted as such)

(ii) Separate written statements were filed by D1 and D2, claiming shares as per their own calculations. In fact, D2 filed the additional written statement also.

(iii) The gist and kernal, the pith and marrow of the averments in the plain

















































































































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