IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, J
S.Sheik Abdullah – Appellant
Versus
S.Siyathu Bava – Respondent
7.S.Naina Mohamed .. Respondents Petition is filed under Order 47 Rules 1 & 2 and Section 114 of the Civil Procedure Code to review the judgment and decree dated 07.06.2023 in A.S.
(MD).No.193 of 2022 on the file of this Court.
For Applicant : Mr.V.Vijayasethupathy For Respondents : No appearance
ORDER
This review has been filed by the third defendant in the suit to review the judgment passed by this Court in A.S.(MD).No.193 of 2022 dated
07.06.2023.
2. The suit has been filed claiming partition of suit properties and for allotment of 7/80 shares in the suit schedules properties. That apart, declaring the sale deed dated 16.08.2011 in Doc.No.1932 of 2011 executed by the defendants 1 and 7 with regard to the share of the plaintiff, 2nd to 6th defendants in the suit schedule properties as null and void. After trial, the Trial Court passed the following decree vide decree and judgment dated 31.03.2021:-
" In the result, suit is partly decreed * by granting preliminary decree that the plaintiff is entitled for a share of 7/80 in the eastern portion of suit schedule property, i.e., 4137 sq.ft purchased under Ex.A.1, * defendants are entitled for their respective share at the time of filing o
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