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2024 Supreme(Online)(MAD) 6524

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.ILANGOVAN
S.Karuppasami – Appellant
Versus
1.Ramakrishnan (Died) 2. Sa – Respondent


O R D E R

This petition has been filed by the petitioner seeking direction to the trial Court to dispose of the suit in O.S.No.109 of 2022 pending on the file of the Sub Court, Vedasandur, within a time frame.

2. The petitioner is the 1st defendant. The grievance of the petitioner is that the subject property is in the possession of the petitioner for the last 40 years and the same is evident from the registered sale agreement vide Doc.No.690/1982 and 691/1982 dated 30.08.1982 between the petitioner's deceased father and a person namely, Perumal. Subsequently, the subject property was purchased back by the petitioner's deceased father from the aforesaid Perumal vide Doc.No.161/1988 dated 04.04.1988. From thereon the property is in the absolute possesion of the petitioner and his family. The respondents/plaintiffs had intentionally filed the suit in O.S.No.109 of 2022 seeking partition of the subject property. Since the property is in possession of the petitioner for the last 40 years, the partition suit itself is not maintainable and barred by limitation. They filed the partition suit to defraud the petitioner/1st defendant knowing the fact that the subject property been alienated t

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