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2023 Supreme(Mad) 2114

D. BHARATHA CHAKRAVARTHY
Vasuki – Appellant
Versus
Kasturi – Respondent


Advocates appeared:
For the Appellant:S. Parthasarathy, Senior Counsel Assisted by P. Dinesh Kumar, Advocate. For the Respondent:Kavitha Balakrishnan, Advocate.

JUDGMENT

(Prayer: Appeal Suit filed under Order XLI Rule 1 r/w Section 96 of Civil Procedure Code to set aside the Final Decree in I.A.No.395 of 2011 in O.S.No.108 of 2008 dated 18.12.2014 passed by the Principal District Court, Villupuram.)

1. This appeal suit is filed against aggrieved by the final decree passed in O.S.No.108 of 2008 upon considering the final decree application in I.A.No.395 of 2011 dated 18.12.2014.

2. The plaintiff and the defendant are sisters. The suit was filed, claiming 1/2 share in the various items of suit scheduled properties. Even though the parties proceeded with the trial, subsequently, towards the end of the trial, they amicably resolved the disputes and a preliminary decree by way of consent for partition the suit schedule properties item Nos.1 to 127 was passed on 07.07.2011, by agreeing to ½ share each in the suit properties. Thereafter, there seems to be no consensus in respect of dividing the items as per preliminary decree and once again, a final decree application in I.A.No.395 of 2011 was filed by the defendant in the suit.

3. An Advocate Commissioner was appointed, who after a detailed enquiry by his report allotted the 25 items of properties i

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