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2023 Supreme(Online)(MAD) 24732

HIGH COURT OF MADRAS
Hon`ble Mr Justice R. SUBRAMANIAN
ABDUL JALAL – Appellant
Versus
MOHAMMED IDRIS – Respondent


J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

This Civil Miscellaneous Petition in C.M.P.No.18925 of 2023 has been filed seeking amendment of the schedule of property in the preliminary decree dated 20.03.2012 as confirmed in A.S.No.913 of 2012 by this Court in its judgment dated 08.06.2016. This appeal is against the final decree passed by the Trial Court pursuant to the preliminary decree referred to above.

2.The respondent sued for partition of his 1/2 share of the suit "A"

schedule property, measuring about 9,135 Sq.ft, which houses a Kalyana Mandapam. The respondent had pleaded in the plaint that he along with the 1st appellant had purchased an extent of 4,360 Sq.ft. (10 cents) under a sale deed dated 30.04.2023. After the said purchase, the property belonging to the family, which was situate on the Western side of the property purchased under Ex.A1, sale deed referred to supra was merged and a Kalyana Mandapam was constructed in both the properties. Specifically pleading that the property purchased under Ex.A1, sale deed and the Family property, which was used for construction of the Kalyana Mandabam became the joint property of the plaintiff and the 1st

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