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2021 Supreme(Mad) 1026

C.V.KARTHIKEYAN
Muthusamy – Appellant
Versus
Logananthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.Prabakar
For the Respondent: Mr. N.Manokaran, Mr. K.Selvaraj

ORDER :

This Civil Revision Petition has been filed by the 1st, 4th and 5th defendants in O.S. No. 344 of 2015, now pending on the file of the Sub Court, Bhavani, questioning the order dated 17.07.2019 allowing I.A. No. 1376 of 2018, which Interlocutory Application had been filed by the plaintiff under Order VI Rule 17 CPC, seeking amendment of the plaint.

2. O.S. No. 344 of 2015 had been filed by the plaintiff, Loganathan, seeking partition and separate of 1/6th share in the 2 items of suit schedule property and also to restrain the defendants from dealing with the said properties. The 1st defendant, Muthusamy, is the father of the plaintiff and the 3rd defendant, Baby @ Logeshwari. They were born to him through his 1st wife, Mallika. The 5th defendant, Sathiya, is the 2nd wife of the 1st defendant, Muthusamy and the 4th defendant, Devaraj, is their son.

3. The plaintiff has stated that he and his mother, Mallika are staying together. She had separated from the 1st defendant. Claiming that the 2 items of the suit property have an anscestral nucleus and complaining denial of rightful share, the suit had been filed seeking, as aforesaid partition and separate possession of 1/6th share.

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