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2018 Supreme(Mad) 949

V.M.VELUMANI
V. Palanisamy – Appellant
Versus
Rajamani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Saravana Sowmiyan
For the Respondents: M/s. Abiramavalli, A.V. Raja

JUDGMENT :

1. This Civil Revision Petition is filed to set aside the fair and decretal order dated 16.04.2015 made in I.A.No.391 of 2013 in O.S.No.8 of 2011 on the file of the District Munsif Court, Avinashi.

2. The petitioner is the third party, first respondent is the plaintiff and respondents 2 and 3 are the defendants in O.S.No.8 of 2011 on the file of the District Munsif Court, Avinashi. The first respondent filed the said suit against the respondents 2 and 3, who are her brothers for partition. The suit was filed on 05.01.2011 and on the same day, interim injunction was granted restraining the respondents 2 and 3 from alienating or encumbering the suit properties. The second respondent filed written statement on 29.04.2011 and third respondent filed written statement on 14.02.2012. Third respondent subsequently remained exparte. The petitioner filed I.A.No.391 of 2013 under Order I Rule 10(2) and Section 151 of C.P.C to implead him as third defendant in the suit. According to the petitioner, there was a partition between the respondents 2 and 3 of the suit property and suit property was allotted to the second respondent. The second respondent, his daughter-in-law and his grand










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