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2019 Supreme(Mad) 1592

S.M.SUBRAMANIAM
Ki. AR. AL. Alagappan Ambalam – Appellant
Versus
S. Karpaga Vinayagar Firm, Rep. by its Partner M. Krishnan Servai, Karaikudi – Respondent


Advocate Appeared:
Nalini Chaidambaram, M. Vallinayagam, Senior Counsels, D. Muruganandham, Additional Government Pleader, J. Anandakumar, K.K. Senthilvelan, G. Prabhu Rajadurai, R. Vijayakumar, T.V. Sivakumar, Niranjan S. Kumar, D. Nallathambi, T. Antony Arulraj, J. Barathan, H. Lakshmishankar, S.M.S. Johnny Basha, S. Srinivasaraghavan, Anand Chandrasekar for M/s. Sarvabhauman Associates, Advocates.

JUDGMENT :

1. The common facts leading to filing of these batch of cases are enumerated for considering the issues raised in all the cases.

2. The properties, which are the subject matter in these cases, belonged to the common estate of Kottaiyur Nattars. On account of the internal disputes with regard to the possession and enjoyment of the properties commonly, a civil suit came to be instituted on the file of the Sub Court, Devakottai in O.S.No.72 of 1933, which was subsequently, adjudicated by the Sub Court, Ramanathapuram and a decree of partition was issued in O.S.No.21 of 1936. There were two plaintiffs and 98 defendants in the said suit. A Commissioner was appointed to divide the properties by metes and bounds among the persons, who were held to be entitled to the share in the subject properties owned by Ettukarai Valambars of Kottaiyur. The Sub Court, Ramanathapuram, passed a decree on 30.09.1937.

3. Thereafter, the Sub Court, Devakottai, passed an order in I.A.No. 701 of 1944 in O.S.No.72 of 1933 on 15.01.1945 appointing Sri.S.R.Govinda Iyer as Receiver of the suit properties measuring about 2000 Acres of land to effect partition as per the Decree. The Court appointed Receiver

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