S PALANIAPPAN Vs. PL SETHURAMAN CHETTIAR

JUDGEMENT

(1.) THIS appeal has arisen from the order of the learned single Judge dated 07.10.2004 in O.A.No.609 of 2004 in C.S.No.924 of 2003, revoking the leave originally granted by the Court in C.S.No.924 of 2003.

(2.) HEARD the learned counsel on either side. From the materials, it could be seen that it was a suit for partition broughtforth by the plaintiff/appellant in respect of 'A' to 'K' Schedule properties as shown in the plaint. Out of those properties, 'A' Schedule property, an immovable property, is situate in the City of Madras. The properties mentioned in Schedule C, D, G, H and J are at Dindigul, Schedule B is at Valayapatti and Schedule E and I are at Pudukottai, which are outside Madras. F Schedule property is shown as gold jewellery and K Schedule property is the finance business.

(3.) THE learned single Judge, after hearing both sides, took the view that the leave originally granted has got to be revoked and accordingly, made the order. Challenging the same, the present appeal has been put forth by the plaintiff.