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2022 Supreme(Online)(MAD) 24790

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SESHASAYEE
MALLEESWARI – Appellant
Versus
ARUNA – Respondent


ORDER

This revision is preferred challenging the order passed in I.A.No.1199/2018 in I.A.No.140/2006 in O.S.No.192/2000 on the file of District Munsif Court, Ponneri.

The revision petitioner is the second defendant in this suit for partition.

2.1 The admitted facts may be briefly summarised:

● A certain Munuswamy Naidu obtained some 11 items of properties vide partition deed dated 22.11.1991, which came to be executed between him and his brother Padmanaba Naidu.

● This case is all about Munuswamy Naidu's branch. Munuswamy Naidu had a son Subramani (the first plaintiff) and a daughter Malleswari (the second defendant). The third defendant is a certain Suguna, the purchaser under Munusamy Naidu.

● While so, Subramani laid a suit in O.S.No.192/2000 against his father Munuswamy Naidu for partition of ½ share in the suit property. On 25.02.2003, an exparte preliminary decree came to be passed, whereunder Munuswamy is declared to have ½ share in all the 11 items of properties.

● Some time later to the passing of the preliminary decree, in 2003, Subramani, the plaintiff, had passed away. Therefore, Subramani's wife Aruna filed an application for impleading herself as the heir of Subramani.

● Whi

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