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2021 Supreme(Mad) 3047

S.S.SUNDAR
S. Mallika – Appellant
Versus
Gowrammal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.S.Raghavan
For the Respondent: Mr.Uayakumar for M/s.Karan and Uday

ORDER :

Prayer:- Civil Revision Petition filed under Section 115 CPC against the petition and order dated 26.11.2018 in IA.No.642/2017 in OS.No.30/2016 on the file of the learned District Munsif, Vaniyambadi.

(1) This Civil Revision Petition is directed against the order in IA.No.642/2017 in OS.No.30/2016 on the file of the learned District Munsif, Vaniyambadi.

(2) The revision petitioner is the 12th defendant in OS.No.30/2016. The respondent in the Civil Revision Petition is the plaintiff and she filed the suit in OS.No.30/2016 for a declaration that the judgment and decree passed in OS.No.138/2012 is null and void and for a declaration of plaintiff's title to the suit property with a consequential relief of permanent injunction.

(3) It is admitted that the revision petitioner/12th defendant has also filed an independent written statement.

(4) It is seen that an unregistered and unstamped document of partition was relied upon by the respondent/plaintiff to seek declaration. The alleged Partition Deed dated 13.12.1992 based on the unregistered and unstamped Partition Deed was pleaded by the respondent/plaintiff. However, the said document was marked as ExA1 by mistake, as contended by t

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