RAMAN AND ORS. Vs. CHINNAMMAL AND ORS.

JUDGEMENT

(1.) This matter is heard through "Video Conferencing". The present Civil Revision Petition is filed to set aside the fair and decretal order dated 05.10.2016 made in I.A.No.465 of 2016 in I.A. No.1169 of 2010 in O.S. No.133 of 2006 on the file of the District Munsif Court, Sankari.

(2.) The petitioners are plaintiffs and respondents are third parties in O.S.No.133 of 2006 on the file of the District Munsif Court, Sankari. The petitioners filed O.S.No.133 of 2006 against one Kuppan and 9 others for partition and separate possession. The defendants 6 and 7 were minors and a Court guardian was appointed for them, who filed a written statement. The other defendants remained exparte. By the judgment and decree dated 07.07.2010, a preliminary decree was passed. The petitioners filed I.A.No.1169 of 2010 for passing of final decree. The 1st defendant in the suit/1st respondent in I.A.No.1169 of 2010 filed for final decree, remained exparte and subsequently, died pending final decree proceedings. The respondents and one Mahalingam, who are the legal heirs of the said Kuppan/ 1st defendant were impleaded as respondents 11 to 13 in I.A.No.1169 of 2010, filed for final decree proceedings. The respondents herein and the said Mahalingam filed counter affidavit in I.A.No.1169 of 2010, mentioning various averments with regard to preliminary decree and further stated that the preliminary decree was obtained by collusion. Subsequently, the respondents filed I.A.No.465 of 2016 for a permission to file additional counter affidavit in I.A.No.1169 of 2010. The petitioners opposed the same. The learned Judge considering the materials on record, allowed the said petition on condition that the respondents shall pay a sum of Rs.1,000/- as cost to the petitioners.

(3.) Against the said order dated 05.10.2016 made in I.A.No.465 of 2016 in I.A. No.1169 of 2010 in O.S. No.133 of 2006, the petitioners have come out with the present Civil Revision Petition.