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2016 Supreme(Mad) 1689

S.VIMALA
Suguna – Appellant
Versus
Subramani – Respondent


Advocates Appeared:
For the Appellant : R. Gandhi, Sr. Counsel for V.S. Sivasundaram.
For the Respondent: R. Krishnaswamy.

Judgement Key Points

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ORDER :

S. Vimala, J.

1. The suit in O.S. No. 192 of 2000 was filed by the deceased-Subramani against deceased-Munusamy Naidu, seeking the relief of partition and separate possession. The said suit was decreed ex-parte on 25.02.2003.

1.1. On the death of Subramani on 27.04.2003, the second plaintiff, namely, the first respondent herein came to be impleaded, as the second plaintiff, on 25.10.2006. She filed an Application for Final Decree, in I.A. No. 140 of 2006.

1.2. Pending the final decree proceedings, the sole defendant in the suit, Munusamy Naidu, died. The second respondent herein (Maaleeswari) came to be impleaded, as the sole legal heir of the deceased defendant.

1.3. Pending the final decree proceedings, the proposed party/the Revision Petitioner, in both the petitions, filed I.A. Nos. 130 of 2013 and 135 of 2013, seeking to reopen the petition and to implead herself, as a party, respectively and both applications having been filed in the same Interlocutory Application, i.e., I.A. No. 140 of 2006.

1.4. The claim for impleadment was made on the ground that the Revision Petitioner herein purchased the suit property, by virtue of the sale deed, dated 27.12.2004.

1.5. The said applic



































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