S. JEEVANANDAM Vs. K. P. V. SRINIVASA MUDALIAR

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decreetal order dated 18.07.2018 made in I.A.No.242 of 2018 in I.A.No.880 of 2015 in O.S.No.29 of 1966 on the file of the Principal District Munsif, Kancheepuram, thereby rejected the petition filed not to confirm the sale, pending disposal of the suit in O.S.No.54 of 2016.

(2.) The petitioner is the third party. The first respondent is the plaintiff and the respondents 2 to 4 are the defendants. The father of the first respondent filed a suit for partition in O.S.No.29 of 1966 as against the respondents 2 to 4 in respect of the suit property. It was decreed on the consent of the parties. Aggrieved by the same, the respondents 2 to 4 filed an appeal suit in A.S.No.51 of 1970 and they made endorsement in the appeal suit. Accordingly, a final decree was passed directing the parties to apply under provisions of Sections 3 and 4 of the Partition Act. Thereafter, the deceased plaintiff executed a Will in favour of the first respondent herein dated 03.08.1998.

(3.) On the strength of the Will, the first respondent herein filed an application in I.A.No.1073 of 1999 under Order 22 Rule 3 and 4 of Code of Civil Procedure to implead himself as second plaintiff. It was allowed and aggrieved by the same, the petitioner herein filed a Civil Revision Petition before this Court in CRP No.1200 of 2004 and the same was dismissed with liberty, if the petitioner wants to challenge the Will, it is open to the petitioner to do the same. Thereafter, the first respondent herein filed an application in I.A.No.611 of 2009 in O.S.No.29 of 1966, to appoint an Advocate Commissioner to effect partition and allot 1/4 th share in the suit property and the same cannot be sold out since it is impartible in nature and as such it was dismissed with a liberty to file a petition under Section 3 of the Partition Act for effective partition in accordance with the final decree.