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2013 Supreme(Mad) 2541

K.RAVICHANDRA BAABU
Meerabai (Since Deceased Represented by LR daughter) D. Nagamallika Devi – Appellant
Versus
S. R. Sadasivam – Respondent


Advocates appeared:
For the Petitioner:Yashod Varadhan, Senior Counsel for C. Sundaramurthy, Advocate.
For the Respondents:D. Baskar, Advocate.

JUDGMENT :-

1. These two Civil Revision Petitions are filed under Article 227 of the Constitution of India challenging the judgment and decree passed in I.A.No.686/1990 in O.S.No.54/1986 (C.R.P.No.2611/2013) and O.S.No.159/1990 (C.R.P.No.2612/2013) both on the file of the District Munsif Court, Ponneri. The petitioner in both the Civil Revision Petitions are one and the same being the LR of the deceased plaintiff in O.S.No.159/1990.

2. Heard Mr.Yasod Vardhan, learned senior counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. The grievance of the petitioner in these two Civil Revision Petitions is that fraud has been played upon by the brothers of the petitioner's deceased mother in obtaining decree in O.S.No.54/1986 and O.S.No.159/1990. It is his contention that originally a suit in O.S.No.410/1972 came to be filed by the petitioner's mother for partition, wherein a preliminary decree was passed on 02.09.1978 and final decree was passed on 26.03.1984. When that being the factual position, another suit was filed in the year 1986 in O.S.No.54/1986 by the brothers of the plaintiff in O.S.No.410/1972 again for partition. According to the learne



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