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2023 Supreme(Mad) 1172

R. VIJAYAKUMAR
Karumani – Appellant
Versus
Periannan – Respondent


Advocates appeared:
For the Petitioner:G. Sridharan, Advocate. For the Respondent:J. Jeyakumaran, Advocate.

JUDGMENT

(Prayer: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 09.11.2021 made in I.A.No.1 of 2019 in O.S.No.20 of 2015 on the file of the District Munsif Cum Judicial Magistrate, Thirumayam and allow this civil revision petition.)

1. This civil revision petition has been filed by the defendant in a suit for partition challenging an order dismissing an application for reception of additional written statement.

2. The plaintiff had filed a suit for partition on the ground that he had purchased an undivided share from the defendant by way of a registered sale deed dated 09.04.1986 for an extent of 3.5 cents.

3. The defendant had filed a written statement contending that on 30.01.1983, there was a family arrangement in which the properties were allotted to the share of the defendant and the defendant is in continuos possession and enjoyment of the same.

4. When the suit was posted for cross examination of PW1, the defendant had filed I.A.No.1 of 2019 seeking permission of the Court to file an additional written statement. In the additional written statement, the defendant had referred to a partition d

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