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2019 Supreme(Mad) 452

M.S.RAMESH
K. Gopalasamy – Appellant
Versus
Govindammal – Respondent


Advocate Appeared:
For the Appellant :M.S. Krishnan, Sr. Counsel, T. Kokilavane, Advocate.
For the Respondents:G. Ethirajulu, Pitty Parthasarathy, P. Kumaresan, Advocates.

JUDGMENT :

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint filed in O.S.No.734 of 2012 pending on the file of the learned Additional District Munsif, Coimbatore.)

1. Heard Mr.M.S.Krishnan, learned Senior counsel for the petitioner and Mr.G.Ethirajulu, learned counsel for the first respondent as well as Mr.P.Kumaresan, learned counsel for the ninth respondent.

2. The brief facts leading to the filing of the present Civil Revision Petition are as follows:

The first respondent herein had filed the suit in O.S.No.734 of 2012 seeking for the relief of partition of the properties comprised in Survey No.110 in Pichanur Village, Coimbatore South Taluk and District, measuring acres 12.28. The revision petitioner herein was arrayed as the second defendant in the said suit. The revision petitioner had filed an application in I.A.No.1986 of 2012 under Order 7 Rule 11 of the Civil Procedure Code, seeking for rejection of the plaint on the ground that the first respondent/sixth defendant was a party to an earlier partition suit in O.S.No.1180 of 2004 and therefore, the present suit instituted by the same sixth defendant for the relie

















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