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2022 Supreme(Online)(MAD) 27280

HIGH COURT OF MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
A.SUNDARAMURTHY – Appellant
Versus
SRIRANGAMMAL – Respondent


O R D E R

This Civil Revision Petition has been filed by the petitioner/3rd defendant seeking to set aside the fair and decreetal order dated 15.03.2017 made in I.A.No.65 of 2015 in O.S. No.25 of 2013 on the file of the District Judge, District Court No.II, Kancheepuram.

2. The petitioner herein is the 3rd defendant and the respondent herein is the plaintiff in the original suit.

3. The case of the petitioner is that the respondent herein/plaintiff filed a suit in O.S.No.25 of 2013 before the District Court No.II, Kanchipuram, seeking for partition of the suit properties and for allotment of one share to her. During the pendency of the suit, the 3rd defendant has filed the application in I.A. No.65 of 2013 under Order 7 Rule 11 C.P.C to reject the plaint. The same was dismissed by order dated 15.03.2017 by the Court below. Being aggrieved by the aforesaid dismissal order, the 3rd defendant has filed the present Civil Revision Petition to set aside the same.

4. The learned counsel for the petitioner would submit that already there was a partition effected in the year 1999 itself in the name of brothers of plaintiff and the same also acknowledged by the plaintiff/ respondent herein by wa

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