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2019 Supreme(Mad) 2747

N.ANAND VENKATESH
M. Jeyamary – Appellant
Versus
M. Joseph – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Govindarajan
For the Respondent: Ms. T. Banumathy

ORDER :

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 05.07.2012 in I.A.No.261 of 2012 in O.S.No.2604 of 2004, on the file of the learned IIIrd Additional District Munsif, Tiruchirappalli.

This Civil Revision Petition has been filed challenging the order passed by the Court below dismissing the application filed under Order 7 Rule 11 (d) of the Code of Civil Procedure to reject the plaint. The petitioner is the defendant in the suit. The respondent/plaintiff filed a suit against the petitioner seeking for the relief of permanent injunction restraining the petitioner from alienating or encumbering the suit property till her life time. It is clear from the pleadings made in the plaint that the right as claimed by the plaintiff was based on the Will dated 21.06.1982. This Will was executed by one Masilamani, who is the father of the plaintiff. The plaintiff was born to Masilamani through his first wife. After the death of the first wife, the said Masilamani married the defendant. During his life time, Masilamani had executed a Will dated 21.06.1982. According to this Will, the defendant was given life inte

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