LAKSHMI Vs. JOINT FAMILY MANAGER GANAPATHY

JUDGEMENT

(1.) THIS civil revision petition has been filed against the order, dated 2.4.2008, made in I.A.No.650 of 2004, in O.S.No.132 of 2004, on the file of the District Munsif Court, Dharapuram.

(2.) THE learned counsel appearing for the petitioners had submitted that the first respondent had filed O.S.No.91 of 2000, on the file of the Subordinate Court, Dharapuram, for partition and for separate possession of the suit property. He had claimed that he was the legal heir of Muthappa Muthiriar and his wife, Thangammal. He had also claimed that he had only one brother by name Nachimuthu and that he had passed away. On the death of his brother, Nachimuthu, the first respondent was entitled to half share in the suit property. THE suit had been decreed, on 18.2.2002.

(3.) THIS Court, by its order, dated 13.11.2007, had set aside the order, dated 10.7.2007, made in I.A.No.650 of 2004, and had remitted the matter back to the trial Court, for fresh consideration with a direction to consider the evidence of Subbathal and to pass orders, afresh, on merits and in accordance with law. Since there was a clerical error, as the name of Subbathal had been mentioned in the said order, instead of Karuppaathaal, a clarification petition had been filed in C.R.P.No.2742 of 2007. In the meantime, the trial Court had dismissed I.A.No.650 of 2004, without perusing the evidence and without application of mind. The trial Court had observed that there is no evidence let in, in the name of Subbathal.