HIGH COURT OF MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
SUBBATHAL – Appellant
Versus
MARAGATHAM – Respondent
O R D E R
This Civil Revision Petition has been filed against the Fair and final order dated 16.09.2017 passed in I.A.No.640 of 2016 in O.S.No.503 of
2014 on the file of IV Addl. District and Sessions Judge, Coimbatore. 2. For the sake of convenience, the parties are referred as per the ranking in the suit.
3. The petitioners herein are the Defendants in the suit in O.S.No.503 of 2014, which was filed by the respondents/plaintiffs for the relief of partition in respect of suit properties claiming that the properties are ancestral properties belong to their father Ganapathy Gounder, who died intestate on 27.12.2011 leaving behind his wife Sundaramal, plaintiffs and defendants as his legal heirs. But, the defendants denied the plaintiffs claim stating that during the life time, the said Ganapathy Gounder executed a registered Will on 21.03.2002 bequeathing the properties in favour of 3rd defendant. After filing of the written statement, on the side of plaintiffs, an application in I.A.No. 640 of 2016 under Order 18 Rule 1 of C.P.C. was filed praying to direct the 3rd defendant to begin the trial as he claimed right over the property based on the Will. The said application was contested
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