MADHAVAN SUNANDA Vs. KRISHNAN CHETHOHARAN

JUDGEMENT

(1.) The civil revision petition had arisen out of O.S. No. 842 of 1982 on the file of the Munsiff Court, Neyyattinkara. The suit for injunction was filed by the first respondent against the second respondent who is his father's brother's son. The suit property is the one allotted to his share as per the partition decree in O.S. No. 1033 of 1969. On the application of the first respondent a receiver was appointed to take possession of the property. At that time the petitioner filed I.A. No. 3963 of 1984 under O.40, R.1(2). The Munsiff dismissed the application by order dt. 22-8-1984. Against that she filed C.R.P. No. 2150 of 1984. The order was set aside and the matter was remanded. The petition was again dismissed by the Munsiff by order dt. 7-3-1987. The present revision was filed by her against that order.

(2.) Revision petitioner is the daughter of one of the brothers of the plaintiff. That brother was the second defendant in O.S. No. 1033 of 1969 (Partition Suit). The present plaintiff was the plaintiff in that suit also. By the preliminary decree passed in that case on 31-10-1973 plaintiff was given 1/3rd share. Fifth defendant in that case filed A.S. No. 111/1975 against the preliminary decree. During the pendency of the appeal the plaintiff filed a final decree application in that case. When A.S. No. 111 of 1975 was pending, father of the revision petitioner died. Revision petitioner was one of the legal representatives impleaded in the appeal. She was the 8th respondent. Ultimately the appeal was dismissed on 30-9-1977.

(3.) Thereafter in the final decree application the mother and brother of the present revision petitioner got themselves impleaded in 1978. Copy of the application for impleadment is Ext. B4. Revision petitioner did not apply for impleadment in the final decree application and the plaintiff also did not apply to implead her. That seems to be on account of the fact that even before Ext. B4 her mother executed Ext. B3 gift deed in her favour. By Ext. B3 portions of the mother's property and portions of the property due to the father in that partition suit were given to the present revision petitioner.