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2021 Supreme(Mad) 1521

K.KALYANASUNDARAM
Malathi – Appellant
Versus
Rajakumari – Respondent


Advocate Appeared:
For the Appellant :S.S. Thiruvenkataswamy, Advocate.
For the Respondents:G. Vasudevan, S. Thirumavalavan, Advocates

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the Fair and Decreetal order made in I.A.No.293 of 2016 in I.A.No.128 of 2010 in O.S.No.65 of 2010, dated 10.10.2017, on the file of the Subordinate Judge Court, At Mannargudi.)

1. This Civil Revision Petition arises out of the order passed by the Sub Court, Mannargudi in I.A.No.293 of 2016 in I.A.No.128 of 2010 in O.S.No.65 of 2010.

2. The brief facts necessary for disposal of this Revision are that the petitioner instituted the suit in O.S.No.98 of 2000, seeking partition and separate possession of her 9/32 share in the suit properties. Though on behalf of minor defendants 3 and 4 written statement was filed, the other defendants remained exparte. During trial, no witness was examined on the side of the defendants. A preliminary decree came to be passed on 14.12.2001. Thereafter, I.A.No.128 of 2010 was filed for passing Final Decree.

3. Pending Final Decree proceedings, the first respondent-Rajakumari filed the present Application in I.A.No.293 of 2016 under Order 1 Rule 10 of C.P.C to implead her as 10th defendant in the suit. It is her case that the first defendant-Chellamal becam

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