PANCHAVARNAM Vs. S.ANBU GANESAN
HIGH COURT OF MADRAS
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R.Tharani, J. -
(1.) These civil revision petitions are filed against the orders, dated 04.07.2019, in I.A.Nos.1 to 3 of 2019 in OS.No.169 of 2009 on the file of the Principal District Court, Virudhunagar District at Srivilliputhur.
(2.) The revision petitioners herein are the defendants 2 to 4. The respondents 1 to 6 herein are the plaintiffs. The seventh respondent herein is the first defendant in the suit. The respondents 1 to 6 herein filed a suit in O.S.No.169 of 2009 for a prayer of partition and for allotment of 1/4-th share in "A and B" schedule properties. The petitioners herein/ defendants 2 to 4 filed a petition in I.A.No.1 of 2019, to reopen the case; in I.A.No.2 of 2019, to recall D.W.2 and I.A.No.3 of 2019, to receive additional written statement filed by the petitioners herein/ defendants 2 to 4. Those petitions were dismissed by the trial Court. Against which, the petitioners preferred these Civil Revision Petitions.
(3.) The brief substance of the Interlocutory Applications is as follows: The petitioners filed a written statement in the suit and filed additional written statement. The suit is pending at the stage of defendants side arguments. The second petitioner/ third defendant was examined as D.W.2 and documents Exs.B.58 to B.61 were marked. In the above circumstances, a person by name Ganapathiyappan filed a suit against the first plaintiff / Anbu Ganesan, for recovery of a sum of Rs.25,000/- in O.S.No.35 of 2013. In that suit, a petition in I.A.No.158 of 2013, to attach the property mentioned as 'A' Schedule property of this suit was filed by the said Ganapathiyappan. The first plaintiff / first respondent herein did not make his appearance in that suit and he failed to file a written statement in that suit and failed to file counter in I.A.No.158 of 2013 also. The value of the property as mentioned in the plaint is Rs.20,35,000/- (Rupees Twenty Lakhs Thirty Five Thousand only), but the properties are attached for a claim of Rs.25,000/- (Rupees Twenty Five Thousand only). Ex-parte decree was passed by the District Munsif, Srivilliputhur.;
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