PATTU Vs. AMSAVALI(DIED)

JUDGEMENT

(1.) This Appeal Suit has been filed under Sec. 96 of the Code of Civil Procedure, by the plaintiffs in Original Suit No.146 of 1988, aggrieved by the Judgment and decree of the learned Sub Judge, Thanjavur, dated 27.01.1992, dismissing the Original Suit.

(2.) Original Suit No.146 of 1988 had been filed seeking partition and separate possession of 8/21st share in the suit property. C.M.P(MD)No.3864 of 2017 has been filed by the appellants under Order 41, Rule 27 of the Code of Civil Procedure to file as an additional document, a sale deed dated 15.07.1944 and registered as Document No.2132/1944. C.M.P(MD)No.4160 of 2017 has been filed by the respondents 4 and 5 in the appeal under Order 41, Rule 27 of the Code of Civil Procedure, seeking to take as additional evidence, a registered Will executed by the deceased first defendant dated 01.11.2004 and her Death Certificate and also Award of the Lok Adalat, Thanjavur in A.S. No.12 of 2013, dated 11.11.2014 passed in pursuance of a memo of compromise, dated 03.11.2014. Permission was also sought to file as additional documents, the plaint and written statement in Original Suit No.155 of 2010, which was also a suit with respect to allied properties, in the Principal Sub Court, Thanjavur and also a notice dated 13.06.1963 from the Survey Department. As it is well settled that applications under Order 41, Rule 27 of the Code of Civil Procedure, have to be heard along with the main appeal, Common Order is passed in the above Civil Miscellaneous Petitions as well as Judgment in this Appeal Suit.

(3.) Original Suit No.146 of 1988, as stated above, has been filed by the plaintiffs for partition and separate possession of their undivided 8/21st share in the suit property. The suit property is measuring 2.91 acres in patta No.146, Punja Survey No.207/2, Pillaiyarpatti Village, Thanjavur Taluk, Vallam Sub-Registry, Thanjavur Registration District.