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2023 Supreme(Online)(MAD) 12212

HIGH COURT OF MADRAS
Hon`ble Mr.Justice C. KUMARAPPAN
R.DURAIRAJ – Appellant
Versus
V.SUBBURAMAN (Died) – Respondent


ORDER

This Civil Revision Petition has been filed against the Judgment and Decree, dated 05.08.1997 passed in I.A.No.1978/96 in O.S.No.96/83 on the file of the District Munsif Court, Aruppukkottai.

2. The revision petitioner herein is the, petitioner / 3rd defendant before the trial Court. The first respondent is the first respondent / plaintiff before the trial Court. The respondents 2 and 3 herein are the respondents 2 and 3 / defendants 1 and 2 before the Court below.

3. The learned counsel appearing for the revision petitioner would submit that there was a suit against him for the relief of partition, and that the Judgment was passed on 14.08.1986 dividing the suit property. However, the decree was not drafted in consonance with the Judgment. Therefore, prayed to amend the decree under Section 152 C.P.C., in consonance with the Judgment.

4. The learned counsel for the petitioner would draw the attention of this Court in respect of the various findings of the Court below and would submit that when the Courts below arrived at conclusion that there was no division of property, the clause containing in the decree allotment of western side of the property, become redundant and therefore

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