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2025 Supreme(Online)(MAD) 17592

HIGH COURT OF MADRAS
R.VIJAYAKUMAR, J
Nagammal – Appellant
Versus
Chokkalingam – Respondent


Advocates:
For the Appellants/Petitioners: Mr.T.A.Ebenezer
For the Respondents: Mr.N.Tamilmani for R1 & R2

O R D E R

The 7th defendant in the suit in O.S.No.5 of 2019 on the file of the II Additional District & Sessions Judge, Thanjavur has filed the present civil revision petition challenging the dismissal of his application under Section 10 of C.P.C to stay the final decree proceedings.

2.A perusal of the records reveal that the respondents 1 and 2 herein as plaintiffs have filed the above said suit for the relief of partition and separate possession. In the said suit, the revision petitioner/7th defendant had remained exparte. A preliminary decree came to be passed on 25.08.2021. The plaintiffs had filed I.A.No.189 of 2022 for passing a final decree. When the final decree application was pending, 7th respondent in the final decree proceedings, had filed I.A.No.49 of 2023 under Section 10 of C.P.C contending that there are two decree as against the plaintiff in O.S.No.137 of 1995 on the file of District Munsif, Thiruvaiyaru and O.S.No.426 of 1999 on the file of the District Munsif, Thanjavur. The plaintiffs are not the sharers and they are strangers to the property. These two decrees were not brought to the notice of the Court when the suit for partition was heard. Hence, the presen

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