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2024 Supreme(Mad) 973

S. SOUNTHAR
M. Kumarappan S/o Marappa Gounder – Appellant
Versus
Ponnusamy S/o Marappa Gounder – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Valliappan.
For the Respondents: S. Mukunth, J. Samyuktha.

ORDER :

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order passed by the learned Additional District and Sessions Judge, Namakkal dated 08.02.2018 made in I.A. No. 1 of 2014 in A.S. No. 36 of 2013.

1. The Civil Revision Petition is filed challenging the order passed by the First Appellate Court dismissing the application filed by the petitioners for reception of additional evidence under Order XLI Rule 27 of Code of Civil Procedure.

2. The petitioners herein filed a Suit for partition and separate possession. The petitioners referred about a Will dated 14.07.1992 executed by one Pavayi Ammal in favour of Chinnammal and Shanmugam. The said Chinnammal and Shanmugam are vendors of petitioners' vendor Radhamani and Senthilkumar. The respondents herein filed their Written statement and resisted the Suit, inter-alia denying the Will relied on by the petitioners. The Trial Court held that the Will relied on by the petitioners was not proved by examining attesting witnesses and hence dismissed the Suit. Aggrieved by the same, the petitioners filed an appeal in A.S. No. 36 of 2013 before the Additional District an

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