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2014 Supreme(Mad) 3744

P.R.SHIVAKUMAR
S. Sengottaiyan – Appellant
Versus
Minor Dhanasankar, Rep. by his next friend & mother Sarasu – Respondent


Advocates Appeared:
For the Petitioner:P. Valliappan, Advocate.
For the Respondents:K. Vasu Venkat, Advocate.

Judgment

1. The submissions made by Mr. P. Valliappan, learned counsel for the petitioner and by Mr. K. Vasu Venkat, learned counsel appearing the respondent are heard. The materials produced in the form of typed set of papers are also perused.

2. The first defendant in the original suit O.S.No.219/2010 on the file of the District Munsif, Rasipuram is the petitioner in the present revision. The other defendants are daughters and wife of one Varadharajan, the brother of the revision petitioner. The said suit was filed by the respondents 1 and 2 herein for partition and maintenance. Partition was claimed in respect of the share of the first respondent and maintenance was claimed for the second respondent.

3. Admittedly, the second respondent is the wife of the revision petitioner. The claim for partition was made on the basis of the contention that the minor first respondent is the son of the revision petitioner born through the second respondent. However, the revision petitioner/first defendant is resisting the suit denying the paternity of the first respondent.

4. In order to prove his case that the first respondent herein is not the son of the revision petitioner, he filed a petition















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