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2009 Supreme(Mad) 439

N.PAUL VASANTHAKUMAR
M. Muthukrishnan – Appellant
Versus
Ethirajulu – Respondent


Advocates appeared:
S. Natarajan for B. Pugalendhi, for Petitioner
T.V. Sivakumar for M. Ashok Kumar and M. Ramadhass, for Respondents

ORDER

This revision petition is filed under Section 115 of the Code of Civil Procedure, challenging the order in I.A. No. 882 of 2003 in O.S. No. 227 of 1981 dated 17.7.2006, rejecting the review application seeking review of the final decree passed in I.A. No. 752 of 1988 dated 1.3.1990.

2. The first respondent herein filed the suit for partition and after contest, preliminary decree was passed on 18.9.1981 ordering to divide the 2nd and 4th schedule properties into three equal shares and allotting one each shares to the plaintiff/first respondent herein, 1st defendant's heirs viz., defendants 7 to 9/respondents 3 to 5 herein and 4th defendant/revision petitioner herein. The first respondent filed appeal against the said preliminary decree in A.S. No. 48 of 1982 before the Sub Court, Srivilliputhur and the same was also dismissed along with cross objection. After dismissal of the first appeal, petitioner herein and Others filed petition for final decree of partition. Accordingly, final decree was passed on 1.3.1990 in I.A. No. 752 of 1988.

3. According to the petitioner, the first respondent/plaintiff did not file any petition to pass final decree. In the said final decree, 2nd and 4



























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