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2023 Supreme(Mad) 2226

V. LAKSHMINARAYANAN
M. Muthubava Kalifulla – Appellant
Versus
Minor Ramyabharathi (Represented by next friend mother Eswari) – Respondent


Advocates appeared:
For the Petitioners:P. Valliappan, Senior Counsel for G. RM. Palaniappan, Advocate. For the Respondents: R1, S. Rameshkumar, R2, & R4, No appearance.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, against the fair and decretal order dated 09.02.2010 in I.A.No.46 of 2006 in O.S.No.11 of 2001 on the file of the Additional District Court (Fast Track Court No.II) Gobichettipalayam.)

1. The present revision arises against an order passed by the learned Additional District Judge, Gobichettipalayam, in I.A.No.46 of 2006 in O.S.No.11 of 2001, dated 09.02.2010.

2. The respondents 4 to 7 in I.A.No.46 of 2006 are the Civil Revision Petitioners. The suit in O.S.No.11 of 2001 was filed by the 1st respondent/minor Ramya Bharathi, represented by her mother and next friend Eswari. She sought for a decree for partition of the property on the ground that she is entitled to 1/4th share in the ancestral properties, which belong to the family of the plaintiff and defendants 1 to 3.

3. The contest by the defendants 1 to 3 was that the property is not a joint family property, but belongs exclusively to the defendants. According to them, the plaintiff has no share in the same. The said suit was decreed on 10.05.2002.

4. Against the preliminary decree that was granted by the trial Court, a regular appeal

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