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2024 Supreme(Online)(Mad) 66982

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.Ramakrishnan, J
K.Ramkumar – Appellant
Versus
Marimuthu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Devaraj
For the Respondents: Mr.V.Meenakshi Sundaram

COMMON ORDER

The plaintiff in O.S.No.45 of 2013, on the file of the First Additional District Judge, Tuticorin and the respondent in I.A.No.124 of 2014 in O.S.No.45 of 2013 on the file of the First Additional District Judge, Tuticorin has filed this Appeal Suit in A.S.(MD).No.163 of 2016 and Civil Revision Petition in C.R.P. (MD).No.2315 of 2016 before this Court, challenging the dismissal of the partition Suit filed in O.S.No.45 of 2013 and allowing the claim of the respondents under Section 4 of the Partition Act, 1893 .

2. For the sake of convenience, the rank of the parties stated in O.S.No.45 of 2013 is herein referred. The appellant is the plaintiff is O.S.No.45 of 2013 and he filed the suit for partition demanding partition of 1/3 share as against the respondents herein. The respondents herein are the defendants in the suit have filed I.A.No.124 of 2014 under Section 4 of the Partition Act, 1893 , praying the learned trial judge to issue a direction to the petitioner/plaintiff to execute the sale deed upon receipt of the sale consideration of Rs.7,55,000/- mentioned in the sale deed purchased for the undivided 1/3 share of the first defendant's brother.

3. Brief fact of the p

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