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MADURAI BENCH OF MADRAS HIGH COURT
KARUPPAIAH, – Appellant
Versus
MARIAMMAL, – Respondent


O R D E R

This petition has been filed against the order passed in I.A.No.92 of 2015 in O.S.No.33 of 2013 on the file of District Munsif Court, Paramakudi, dated 06.04.2015.

2.On the side of the petitioners, it is stated that Survey No.252/1, Kattuparamakudi Village is the suit first item of the property and there was a compromise decree in O.S.No.85 of 2013 on the file of the District Munsif, Paramakudi with regard to the property in question. The petitioners are not a party in O.S.No.85 of 2013 and the present suit was posted for trial and during the trial the respondents 1 to 6 were trying to mark the compromise decree and hence the order of dismissal passed in I.A.No.92 of 2015 in O.S.No.33 of 2013 is to be set aside.

3.On the side of the petitioners, it is stated that unnecessarily the first item of the property was included in O.S.No.33 of 2013 and in the compromise decree passed in O.S.No.33 of 2013 the name of one Kathiresan and others were impleaded, thereby patta was issued to their name and in O.S.No.85 of 2013, the first defendant was set ex-parte and the Legal Representatives of the first defendant are to be impleaded as parties in this case and brothers of said Kathiresa

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