A N AMRUTH KUMAR Vs. A N VANITHA

JUDGEMENT

(1.) Petitioner, being the respondent in FDP NO. 5/2012 arising from the judgment and decree in a partition suit in O.S.No.2/2008 is invoking the writ jurisdiction of this Court for assailing the order dated 22.11.2018 whereby the Court below has rejected his application in IA No.7 as obstructor under order XXI Rule 97 & 101 read with Sec. 151 of CPC, 1908.

(2.) Learned counsel for the petitioner argues that his application in his application in IA NO.7 filed Under Order XXI Rule 97 & 101 read with Sec. 151 of CPC, 1908 for re-adjudication of rights of the parties under the decree could not have been rejected a cost of Rs.5,000.00 inasmuch as the contesting respondent had contracted the second marriage after the death of her first husband and therefore, there ought to have been an adjudication of the rights afresh qua the said respondent.

(3.) I have heard the learned counsel for the petitioner and I have perused the petition papers.