BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved : 22/03/2024 Date of Pronounced : 21/06/2024 CORAM The Hon'ble Mr.Justice G.ILANGOVAN C.R.P(MD)No.1265 of 2023 and CMP(MD)No.6213 of 2022

1.M.Antony Jeyaraj

2.M.Antony Selvakumar : Petitioners/Petitioners/

Defendants Vs.

M.Antony Asokan : Respondent/Respondent/

Plaintiff PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in IA No.5 of 2020 in OS No.80 of 2020 dated 22/06/2022 on the file of the 1^st Additional District Court, Tirunelveli.

For Petitioners : Mr.H.Arumugam For Respondent : Mr.S.Meenakshi Sundaram Senior Counsel for Mr.R.T.Arivukumar

O R D E R

This civil revision petition has been filed seeking to set aside the fair and decreetal order passed in IA No.5 of 2020 in OS No.80 of 2020 dated 22/06/2022 by the

1^st Additional District Court, Tirunelveli.

2.The facts in brief:-

The respondent herein filed a suit in OS No.80 of

2020 seeking the relief of partition and separate possession of his 1/3^rd share of the suit property and for costs. Pending suit, an application was taken out by the petitioners herein to reject the plaint under Order 7 Rule 11 CPC. That came to be dismissed by the trial court. Against which, this civil revision petition is preferred.

3.For better understanding of the issue involved, let me briefly extract the relevant portion from the plaint.

4.The plaint reads that the plaintiff and the defendants 1 and 2 are the childrenss of one K.S.Mani Nadar. He possessed substantial properties and running a textile business called 'Ashok Textiles' at Valliyoor. Mery Kamala is the wife of the plaintiff. She had a claim in the textile business. The plaint 'A' schedule property belongs to Late K.S.Mani Nadar and yet to be divided. 5.K.S.Mani Nadar and one Y.Singaraya Nadar started a partnership business in textile in the name of 'Y.SINGARAYA NADAR & K.S.MANI NADAR & CO, in 1950. Later that Firm was dissolved. k.S.Mani Nadar started a separate business in the name of Asoka Textiles. He opened a branch at Panagudi in 1962. The plaintiff after completing his Graduation in Economics and Post Graduation in the year 1972 was helping his father in the business. Later, another textile showroom was opened in the name of K.S.MANI NADAR & SONS at Vadasery, Nagarcoil. The plaintiff was managing the business in Nagarcoil. In the business, K.S.Mani Nadar included his sons as partners. But the entire capitals were invested by K.S.Mani Nadar and not by the sons.

6.Later, the plaintiff was appointed as Assistant Professor in a private college. But however, he was helping his father in the textile business. In 1982, the business in Nagercoil was closed and Panagudi in the year 1983. The entire stocks in both shops were transferred or shifted to the main showroom called Asok Textiles, Valliyoor.

7.Later, they decided to start a business in Valliyoor in name of K.S.MANI NADAR & SONS. Agricultural lands situated in Kesavaneri was sold in 1985 and the entire funds were invested in the new business. It was opened in the year 1985. But later closed in the year

1992. The plaintiff was looking after the business in Eral. After the close, stocks were transferred to Asoka Textile, Valliyoor. At the hard work rendered by the plaintiff and others, the business in Valliyoor started flourishing. But the defendants 1 and 2 started mismanaging the affairs. They promised that the entire property will be utilized for opening and expending the business. Mary Kamala, the wife of the plaintiff, was also included in the partnership business in the place of the plaintiff as he was working the college. After his retirement from service, his name was included in the business. Second defendant's wife namely Annarathi was also included and later removed.

8.On 23/11/1995, K.S.Mani Nadar executed a Will bequeathing the 1^st schedule of the property to the plaintiff. 2^nd schedule to the 1^st defendant. 3^rd schedule to the 2ⁿ