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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan, J
Kamalam – Appellant
Versus
Sivakami – Respondent
| Table of Content |
|---|
| 1. background of the partition suit is outlined. (Para 3 , 4) |
| 2. arguments about witness testimony rights and implications. (Para 11 , 12) |
| 3. discussion on procedural rights of defendants. (Para 14 , 18) |
| 4. emphasis on the independence of defendants' testimonies. (Para 16 , 19 , 20) |
| 5. conclusion stating the ruling and rejection of the earlier order. (Para 22) |
ORDER
This civil revision petition challenges the order passed by the learned District Munsif at Sulur in I.A.No.5 of 2024 in O.S.No.4 of 2023 dated
21.08.2024.
2. O.S.No.4 of 2023 is a suit for partition and separate possession.
According to the plaintiff, the suit property belonged to one Royappa Gounder. Royappa Gounder died leaving behind his legal heirs, namely, Ramathal, Sivagami and one son, Ramasamy. Ramasamy passed away leaving behind his wife-Kamalam, daughter-Thilagamani, and sons- Thangavel and Saminathan to succeed to the estate. The plaintiff pleaded that as the daughter of Royappa gounder, she demanded for partition and separate possession. As the same was not acceded to, she presented the suit.
3. The defendants did not dispute the relationship between the parties in their written statement. However, the
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