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2024 Supreme(Online)(MAD) 26470

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
T. LOAGANATHAN (DIED) 1. S. – Appellant
Versus
M.K.R.THEIVANAYAGAM PILLAI(d – Respondent


ORDER

Heard both sides.

2.One T.Loganathan filed O.S.No.125 of 1976 on the file of Principal Sub Court, Madurai for partition and for accounting. Preliminary decree was passed on 30.03.1981. Final decree came to be passed on 04.09.1992. As per the final decree, suit item 10 of 'A' schedule was allotted in favour of plaintiff on payment of a sum of Rs. 11,38,500/- as owelty. Thiru.T.Loganathan passed away on 15.11.2003. The legal heirs of Thiru.T.Loganathan filed I.A.No.31 of 2022 for depositing the owelty amount together with interest at the rate of 6% per annum. The Court below issued notice in the Interlocutory Application. Challenging the said docket order, the Civil Revision Petition came to be filed.

3.The reason for allowing the Civil Revision Petition at the admission stage was because the learned Judge took the view that for filing lodgment schedule for payment of amount as per final decree, no notice is required to be issued. The Court below was directed to issue lodgment schedule. The said order was subsequently recalled at the instance of the respondents 5 to 10.

4.The learned counsel for the revision petitioners reiterated all the contentions set out in the memorandum of g

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