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2013 Supreme(Mad) 3706

R.SUBBIAH
P. Saraswathi – Appellant
Versus
C. Subramaniam – Respondent


Advocates Appeared:
For the Petitioner:R. Abdul Mubeen for Pitty Parthasarathy, Advocates.
For the Respondent:N. Manokaran, Advocate.

Judgment :

1. This civil revision petition has been filed as against the fair and final order dated 12.4.2011 made in I.A.No.327 of 2011 in O.S.No.43 of 2009 on the file of the learned Subordinate Judge, Perundurai, Erode District, whereby the application filed by the respondent herein seeking permission of the Court to file additional written statement, was allowed.

2. The plaintiff is the petitioner herein and the second defendant is the respondent.

3. For the sake of convenience, the parties will be referred as per their ranking before the trial Court.

4. The brief facts, which are necessary to decide the issue involved in this civil revision petition, are as follows:-

(a) The plaintiff herein has filed a suit in O.S.No.167 of 2005 on the file of the learned II Additional Subordinate Judge, Erode as against her deceased brother's wife viz., A.Saraswathi for dividing the suit property into 9 equal shares by mets and bounds and allot 7 such shares contiguously to her and put her in separate possession. Subsequently, the said suit was transferred to the file of learned Subordinate Judge, Perundurai and renumbered as O.S.No.43 of 2009. During the pendency of the said suit, the subseq































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