S.Sudhakaran v. Neelavathi(Deceased) T.Suthanthiran(Deceased) 1) S.Mahendran

C.M.P.No.17501 of 2023 C.R.P.SR No.100379 of 2023 C.M.P.No.17501 of 2023 in C.R.P.SR No.100379 of 2023 V.BHAVANI SUBBAROYAN, J.

This petition is filed to grant leave to sue the petitioners to file the Civil Revision Petition against the preliminary decree and Judgment made in O.S.No.195 of 2009 dated 25.08.2022 on the file of the learned Additional District and Sessions Court, Tiruvallur @ Poonamallee pending disposal.

2. When the petition is taken up for hearing, the learned counsel for the petitioners submits that the court below has granted the preliminary decree insofar as S.Nos.224/1, 165, 249 and 250/2A. However, as far as S.No.224/1 is concerned, no final decree proceedings could be passed in view of the fact that the said survey number is indivisible and no partition can be effected when the land had been converted into multi storied building and more than 500 numbers of bonafide purchasers are residing in the said flats.

3. This Court finds some force in the submission of the learned counsel for the petitioners. Accordingly, this petition is ordered as prayed V.BHAVANI SUBBAROYAN, J.

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C.M.P.No.17501 of 2023 C.R.P.SR No.100379 of 2023 for and the Registry is directed to number the present petition, if it is otherwise in order and post 'for admission'.

04.08.2023 ssd C.M.P.No.17501 of 2023 in C.R.P.SR No.100379 of 2023 2/2 https://www.mhc.tn.gov.in/judis