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2015 Supreme(Mad) 2383

M.DURAISWAMY
G. Selvam – Appellant
Versus
Kasthuri (deceased) – Respondent


Advocates:
Advocate Appeared:
For petitioner in M.P.No.1/15: Mr. P.L. Narayanan.
For petitioner in M.P.No.2/15: Mr. G. Masilamani, SC for Mr. K. Surendranath.
For petitioner in M.P.No.1/13: Mr. R. Muthukumarasamy, SC for Mr. S. Mohanasundararajan.
For petitioner in M.P.No.5/14: Mrs. Hema Sampath, SC Mr. N. Umapathi.
For petitioner in CRP No.2984/13 & R.1 to R.5 in M.P.No.1/15, R.1 to R.5 in M.P.No.2/15 & R.1 to R.5 in M.P.No.5/14: Mr. R. Muthukumarasamy, SC for Mr.S. Mohanasundararajan.
1st respondent: Died.
For respondents 2 to 9 in C.R.P & R.6 to R.15 in M.P.No.1/15 & R.6 to R.15 in M.P.No.2/15: Mr. S. Parthasarathy, SC for Mr. N.R. Anantha Ramakrishnan.
R.10 in C.R.P. : Mr. R. Munusamy.

ORDER

Challenging the preliminary decree passed in O.S.No.752 of 1989 on the file of District Munsif Court, Poonamallee, the legal representatives of the deceased 18th defendant have filed the above Civil Revision Petition. The respondents 1 and 2 are the legal representatives of the deceased plaintiff Balaraman. The 1st respondent Kasthuri died pending the above Civil Revision Petition and her legal representatives were brought on record as respondents 3 to 10.

2. The plaintiff filed the suit in O.S.No.752 of 1989 on the file of District Munsif Court, Poonamallee, to pass a preliminary decree and to allot 1/9th share to him and for separate possession. The defendants were made ex-parte in the suit. The Trial Court passed an ex parte preliminary decree on 28.01.1998 allotting 1/9th share to the plaintiff. The said suit was filed as against 24 defendants and all the defendants were set ex parte and a preliminary decree was passed. Pursuant to the preliminary decree passed in O.S.No.752 of 1989, the plaintiff filed a final decree application in I.A.No.742 of 1999. During the pendency of the final decree application, the sole plaintiff died on 28.01.2007. The respondents 10 to 31 in the


















































































































































































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