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2023 Supreme(Online)(SC) 8597

MANOJ MISRA, J
RAHIMAL BATHU & OTHERS – Appellant
Versus
ASHIYAL BEEVI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. A. Sirajudeen
For the Respondents: Mr. V. Prabhakar

Table of Content
1. the suit sought ownership, alongside issues relating to validity of gift-deed. (Para 3 , 4 , 5)
2. evaluating maintainability of revision under cpc in light of interlocutory orders. (Para 16 , 18)
3. final determination against high court's modification of appealable decrees. (Para 29 , 30)

JUDGEMENT

MANOJ MISRA, J. 1. Leave granted.

2. This is defendants’ appeal against the order of the Madurai Bench of Madras High Court (in short, ‘the High Court’), dated 12.09.2017, passed in C.R.P. (NPD) (MD) No. 1342 of 2007, by which the revision of the plaintiff-respondent was allowed, the order dated 20.12.2006 passed by the court of First Additional Sub Court, Tirunelveli in I.A. No. 207 of 2001 in O.S. No. 276 of 1992 was set aside, I.A. No. 207 of 2001 was allowed and the decree dated 21.11.1996 passed in O.S. No. 276 of 1992 was modified.

Digitally signed by SWETA BALODI Date: 2023.09.27 14:48:12 IST Reason:

    Signature Not Verified Civil Appeal @ SLP (C) No.8428 of 2018 Page 2 of 26 Factual Matrix

3. The respondent instituted an Original Suit (in short, “O.S.”) No. 276 of 1992 for declaring her as the exclus














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