IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
Pavayee – Appellant
Versus
Bakkialakshmi – Respondent
| Table of Content |
|---|
| 1. legal basis for partition and claims of ownership. (Para 2) |
| 2. repetition of previous arguments in additional statements. (Para 3) |
| 3. final ruling on petition dismissal. (Para 4) |
ORDER
The Civil Revision Petition is filed challenging the order passed by the trial Court, dismissing the application filed by the petitioner seeking leave to file additional written statement.
2. The respondent herein filed a suit for partition against the petitioners.
The respondent is the daughter of the first petitioner and sister of the second petitioner. According to the respondent, the suit properties are ancestral properties of her father Sundara Goundar and she claimed 1/3rd share in the subject property by filing the present suit. The petitioners herein filed a written statement and resisted the suit on the ground that the suit properties were not ancestral properties. It was also stated that even during lifetime of Sundara Goundar, he executed a settlement deed in favour of plaintiff on 29.05.2002 settling certain properties in her favour. After death of Sundara Goundar, the remaining properties were orally partitioned between the petitioners 1 and 2 and based on the oral partitio
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