GOPALSAMY JAYARAMAN (DIED) Vs. KOTHANDARAMAN

JUDGEMENT

(1.) These Civil Revision Petitions are filed as against fair and decreetal orders dtd. 24/7/2009, passed by the learned II Additional District Judge, Pudhucherry in O.S.No.26 of 2006 and I.A.No.19 of 2006 in O.S.No.26 of 2006, thereby dismissing the suit by allowing the petition filed under Order 14 Rule 1 and 2 of C.P.C., praying that the issue of valuation of suit and payment of Court fees thereupon may be taken as preliminary issue before deciding the other issues.

(2.) The petitioners are the plaintiffs and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The plaintiffs filed suit in O.S.No.26 of 2006 for partition as against the defendants. The case of the plaintiffs is that the suit property originally belonged to one Appavu Gramani and by the Donation cum partition deed dtd. 29/8/1930 his four sons viz., Natesa Gramani, Rangasamy @ Govindasamy Gramani, Rathinavelu Gramani and Ramachandran Gramani donated their respective shares except the suit properties and some of the properties. Therefore, the suit properties are not covered in the said Donation cum partition deed. Though the fifth item of the suit property is covered under the said Donation cum partition deed, it was not acted upon.