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2016 Supreme(Mad) 415

P.R.SHIVAKUMAR
Muthuganesah – Appellant
Versus
Thillaimani – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.N.Manokaran for Mr.N.Ponraj

ORDER :

The present civil revision petition has been filed under Article 227 of the Constitution of India, challenging the order of the learned Principal District Judge, Tiruppur returning the plaint insisting upon compliance with the returns made earlier, which were answered in the endorsement made at the time of re-presentation. Such order of return came to be passed after hearing the matter in the open court.

2. The proposed suit in CFR No.557/2016 was sought to be filed for the following reliefs:

i) a declaration that the partition deed dated 19.08.2015 registered as document No.6698/2015 on the file of Sub Registrar, Dharapuram, is invalid in law and void ab initio;

ii) a permanent injunction restraining the defendants from alienating the suit property; and

iii) for cost

The said document, which has been sought to be declared invalid in law, was a partition deed to which defendants 1 to 5 were parties. When such a document was sought to be assailed as invalid, the parties to the said document are, of course, necessary parties and in fact they have been made as party-defendants.

3. The reliefs are sought for against respondents 1 to 5/ defendants 1 to 5 and also the respondents 6 to 9




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