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2013 Supreme(Mad) 2960

M.JAICHANDREN, M.M.SUNDRESH
Lakshmi – Appellant
Versus
A. Ganesan – Respondent


Advocate Appeared:
For the Appellant:N.S. Nandakumar, Advocate.
For the Respondents:R1, T. Audiseshan, R2, P. Rajendrakumar, R5 & R6, R. Krishnamurthy, Senior Counsel for K. Govindan, Advocates, R3, No appearance.

Judgment :

M.M. Sundresh, J.

1. These Original Side Appeals have been preferred by the appellant, being aggrieved against the dismissal of Original Application Nos. 3564, 3565 and 3566 of 2009 in C.S.No.85 of 2008 and allowing O.A.No.989 of 2008 in C.S.No.85 of 2008, vide, order dated 15.03.2012.

2. Facts in brief:

2.1. Some of the suit properties are situated within the territorial jurisdiction of this Court and some outside of it. Alleging that the suit properties are the joint family properties, the appellant filed a suit in C.S.No.85 of 2008 seeking partition and separate possession. At the time of presentation of the plaint, it was filed along with an application seeking leave to sue. The Registry has returned the plaint as well as the application filed seeking leave. However, the appellant made an endorsement stating that no leave is required and consequently, she did not re-present the application seeking leave. The suit was duly numbered.

2.2. The first respondent, who is the father of the appellant, filed an application in Application No.989 of 2008 in C.S.No.85 of 2008 seeking to reject the plaint. The appellant, in turn, filed applications in Original Application Nos.3









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