RAMASAMY Vs. SRINITHI

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) The petitioners are defendants 1 and 2 in O.S.No.68 of 2005 filed by the minor respondents 1 & 2 represented by their mother S.Kalaivani. The respondents 3, 4 and 5 are grand father, father and paternal aunt of minor respondents 1 and 2. The 3rd respondent died and hence the respondents 6 to 8 were impleaded as Legal Heirs of the deceased 3rd respondent. The minor respondents filed the suit for partition against the petitioners and respondents 3 to 5. Pending suit, the mother of the respondents 1 and 2 filed a memo dated 14.12.2006 stating that the suit has been settled out of Court. The said memo was recorded and the suit was dismissed as settled out of Court on 14.12.2006. The respondents 1 and 2, through their mother filed I.A.No.845 of 2008 under Section 151 of C.P.C to set aside the order of dismissal and restore the suit to file.

(3.) Challenging the said order dated 17.06.2011 made in I.A.No.845 of 2008 in O.S.No.68 of 2005, the petitioners have come out with the present Civil Revision Petition.