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2020 Supreme(Mad) 2023

R.SUBRAMANIAN
S. Mohan – Appellant
Versus
P. Naveen Kumar – Respondent


Advocates Appeared:
For the Petitioner:V. Raghavachari, T. Sundaravadanam, Advocates
For the Respondent:K.S. Karthik Raja, Advocate

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 12.12.2017 made in I.A.No. 866 of 2016 in O.S.No.472 of 2016 on the file of the learned Sub-Judge, Avinashi.)

1. The defendant in O.S.No.472 of 2016 on the file of the Sub-Court, Avinashi (O.S.No.416 of 2012 on the file of the Sub-Court, Tirupur) has come up with this Civil Revision Petition, challenging the dismissal of his application in I.A.No. 866 of 2016, seeking rejection of the plaint, by the Trial Court.

2. The said suit has been filed by the respondent herein, seeking a declaration that the decree dated 02.07.1983 made in O.S.No. 40 of 1983 on the file of the Sub-court, Tirupur is null and void and not binding on the plaintiff, a declaration that the decree dated 23.01.2002 made in O.S.No. 62 of 1999 on the file of the Sub-Court, Tirupur is null and void and not binding on the plaintiff, directing partition of the suit property into four equal shares and allot one such share to the plaintiff, put him in possession of such share so allotted and for costs.

3. The application for rejection of the plaint was filed mainly on the ground that t

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