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2026 Supreme(Online)(Mad) 31582

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
R.Shivashanker – Appellant
Versus
R.Shantharajappa alias Thimme Gowda – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.Vijayakumar For Mr.M.Devaraj
For the Respondents: Mr.K.Sarath chandran FOR R3, Mr.R.bharadwajaramasubramaniam FOR M/S.VIVRTI LAW FOR R4

Table of Content
1. petitioner seeks to plead exclusive property ownership. (Para 2)
2. respondents oppose as delay tactic post-trial. (Para 3)
3. court permits additional statement with time-bound suit disposal. (Para 5)

ORDER

This Civil Revision Petition is filed to set aside the order dated 17.07.2025 passed in I.A.No.2 of 2025 in O.S.No.13 of 2012, on the file of the District Judge, Nilgiris District, at Udhagamandalam (now pending on the file of the Nilgiris District, Family Court, Udhagamandalam and renumbered as O.S.No.13 of 2025).

2. The learned counsel for the petitioner would submit that the 1strespondent/plaintiff has filed the suit for partition seeking to pass a preliminary decree as he is entitled to 7/36 share in the suit properties. In the suit, the plaintiff had deliberately included the personal properties of the 2nddefendant/petitioner herein which will have to be pleaded as exclusive property of the 2nddefendant/petitioner herein. Hence, the petitioner wants to file additional Written Statement before the Trial Court to plead that the suit properties included by the plaintiff in the suit schedule property are the absolute property of the petitioner/2nd defendant by v

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