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2013 Supreme(Mad) 487

T.MATHIVANAN
Chinnammal – Appellant
Versus
Thangavel – Respondent


Advocates Appeared:
For the Petitioners:I.C. Vasudevan, Advocate.
For the Respondents:V. Bharathidasan, Advocate.

Judgment :-

1. This memorandum of civil revision is directed against the fair and decretal Order dated 06.10.2007 and made in I.A.No.260 of 2007 in A.S.No.17 of 2007, on the file of the learned First Additional District Judge, Erode.

2. The background facts:

2.1. The revision petitioners herein have filed the suit in O.S.No.183 of 2005, on the file of the learned Second Additional Subordinate Judge, Erode against the first respondent herein seeking the relief of partition and separate possession of the property and also permanent injunction restraining the respondents from encumbering the suit properties till the partition is effected.

2.2. The suit was decreed and therefore the respondents being the defendants have preferred an appeal in A.S.No.17 of 2007, on the file of the learned First Additional District Judge, Erode.

2.3. During the course of trial, a partition agreement dated 29.03.2005, which is said to have been executed between the first respondent and the revision petitioners, was marked as Ex.B1. Since the revision petitioners had denied their thumb impression and signatures found place in the above said document, the respondents had taken out an interlocutory applicat






































































































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