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2024 Supreme(Mad) 2526

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Lakshmanan – Appellant
Versus
Dhanalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Meenakshi Sundaram, Senior Counsel, for Mr.M.Sengu Vijay
For the Respondent: Mr.S.Sivakumar

ORDER :

K. MURALI SHANKAR, J.

1. The Civil Revision Petition is directed against the order passed in I.A.No.97 of 2016 in O.S.No.6 of 2000, dated 09.11.2017 on the file of the Subordinate Court, Sankarankovil, allowing the petition filed under Section 3 of the PARTITION ACT .

2. The revision petitioner as plaintiff has filed a suit in O.S.No.6 of 2000 on the file of the Subordinate Court, Sankarankovil, claiming partition and allotment of 7/18 shares in the suit property. After full trial, preliminary decree came to be passed on 25.04.1991. Aggrieved by the preliminary decree, the first defendant has preferred an appeal before this Court in A.S.No.974 of 1991 and the same came to be dismissed vide judgment and decree, dated 13.03.2001. The plaintiff/decree holder has filed an application in I.A.No.403 of 2010 in O.S.No.6 of 2000 (previously O.S.No.75 of 1987 on the file of the Sub Court, Tenkasi) under Section 2 of PARTITION ACT , seeking orders to sell the suit property in Court auction sale and then to permit him to withdraw the amount proportionate to his share out of the sale proceeds and the same was pending.

3. Pending the above application filed under Section 2 of PARTITION

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