GANESAN Vs. SELVI

JUDGEMENT

(1.) The present Civil Revision Petition is filed by defendants 19 and 20 in O.S.No.61 of 2011, now pending on the file of Sub-Court, Kuzhithurai, to strike down the plaint as being abuse of judicial process.

(2.) The dispute pertains to the estate of a certain Selvanayagam. The plaint in O.S.No.61 of 2011 discloses that the plaintiff is the daughter of one Selvanayagam, that Selvanayagam was married twice, first to the the 18th defendant and then, to the first defendant. According to the plaintiff, the second marriage of Selvanayagam to the first defendant had taken place in 1949. Through his first wife, Selvanayagam had five children, of who, the 15th defendant Natarajan is one. Through his second wife, Selvanayagam had 9 children, who are the plaintiff and defendants the 2 to 10 herein. While so, Selvanayagam died on 07.04.2006, wherein after, succession opened and the plaintiff is entitled to 1/15th share in the suit property. In the plaint, there are 8 schedules of properties listed for partition.

(3.) The Revision Petitioners herein are defendants 19 and 20 in the said suit. They are the purchasers of separate portions of the property described in schedule no.1. The properties conveyed by their sale deeds is covered in re-survey nos.931/1 to 931/7, which is said to have a total extent of about 11 acres.