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2019 Supreme(Mad) 2698

S.M.SUBRAMANIAM
N. Ravichandran – Appellant
Versus
N. Kirubakaran – Respondent


Advocate Appeared:
For the Appellant :G. Nagarajan, Advocate.
For the Respondents:V. Raghavachari, M. Palanivel, D. Baskar, Advocates.

JUDGMENT :

(Prayer: Appeal Suit is filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 21.08.2012 made in O.S. No.54 of 2008 on the file of the learned III Additional District Judge at Puducherry.)

The appeal suit on hand is preferred against the judgment and decree dated 21.08.2012 passed by the learned III Additional District Judge, Pondicherry in O.S.No.54 of 2008.

2. The third defendant Mr.N.Ravichandran is the appellant before this Court. The first respondent Mr.N.Kirubakaran is the plaintiff and the respondents 2 and 3 Mr.N.Kamalakaran and Smt.G.Umabai respectively are the defendants 1 and 2 before the Trial Court.

3. For the sake of convenience, the ranking of the parties in the appeal suit would be referred to as per their ranks in the Trial Court.

4. The suit was instituted by the first respondent/plaintiff for partition and for passing a preliminary decree of the entire A,B,C and D schedule mentioned properties into four equal shares and out of which allot one such share to the plaintiff and to pass a final decree in terms of the said preliminary decree to be so passed, for division of the entire suit A, B, C and D schedule mentioned pro

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