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2022 Supreme(Online)(MAD) 32490

HIGH COURT OF MADRAS
Hon`ble Mrs Justice J. NISHA BANU
RAVI KUMAR – Appellant
Versus
V.KOTTI @ MADUBALA – Respondent


O R D E R

Aggrieved against the order dated 23.09.2014 passed in I.A.No.6873 of

2014 in O.S.No.4063 of 2002 on the file of the III Assistant City Civil Court, Chennai, the petitioners have preferred the present Civil Revision Petition.

2.The brief facts, that are necessary for the disposal of the present civil revision petition are as follows:-

2.1. The first respondent herein is the plaintiff in O.S.No.4063 of 2002.

The suit was filed for partition of the plaintiff's 1/12th share in the suit property and the suit was decreed ex-parte. Thereafter, with huge delay, the defendants filed a petition to set aside the ex-parte decree which was allowed by the Appellate Court. Meanwhile, the plaintiff/first respondent herein, had filed an interlocutory application in I.A.No.6873 of 2014 under Section 151 of the Civil Procedure Code read with Section 213 of the Indian Succession Act, to unmark the alleged Will marked as Exhibit B1. The learned Judge, has allowed the application filed by the plaintiff and thereby unmarked Exhibit B1. Aggrieved against the same, the respondents/defendants have filed the present revision petition.

3. According to the learned counsel for the petitioners/defendants, t

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