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2013 Supreme(Mad) 1380

K.RAVICHANDRA BAABU
A. Mohamed Sulaiman – Appellant
Versus
A. Ameena Beevi – Respondent


Advocates appeared:
For the Petitioners:P.Valliappan, Advocate.
For the Respondents:R3 & R4, A. Sirajudeen, R2, R.Chandra Bose Chelliah, Advocates.

Judgment :-

1. The petitioners are the second and third defendants in O.S. No. 86 of 2008 on the file of the Sub Court, Perambalur. They are aggrieved against the order passed in I.A. No. 295 of 2010 wherein and whereby the application filed by the first defendant under Section 151 CPC seeking permission to file additional written statement was allowed. The second respondent herein is the plaintiff in the said suit. She prayed for partition of 1/6th share in the suit properties and for separate possession of the same. The plaintiff and the defendants 1 to 3 are brothers and sisters and they are the children of one Abdul Muthaleef.

2. It is the case of the plaintiff that the suit properties were purchased by their father 20 years ago and he died on 15.6.1986 intestate. After his death, both the plaintiff and the defendants are entitled to their respective shares in the suit properties as the legal heirs of the said Abdul Muthaleef. According to the plaintiff, the sons viz., the second and third defendants are entitled to 2/3rd share and the daughters viz., the plaintiff and the first defendant are jointly entitled to 1/3rd share. Thus, the plaintiff filed the said suit seeking for pa















































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