R RADHA Vs. GURUSAMY NAIDU

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 7.7.2011 passed by the District Munsif and Judicial Magistrate, Kodumudi, in E.A.No.9 of 2011 in E.P.No.26 of 2002 in O.S.No.64 of 1997, this revision petition has been filed.

(2.) THE facts as stood un-curtained in this matter could be encapsulated thus: O.S.No.64 of 1007 was filed by the respondents 1 and 2/plaintiffs herein seeking partition. After contest, the preliminary decree was passed. THEreafter, final decree also was passed. E.P.No.26 of 2002 was filed for executing the final decree. At that stage, E.A.No.9 of 2011 was filed by the revision petitioner herein, who happened to be the 39th defendant in the suit, alleging that the decree passed by the trial Court was a nullity, because pendente lite D5 and D7 died, but their L.Rs. were not impleaded. THE counter was filed by the plaintiffs, whereupon the Court passed orders dismissing the E.A.

(3.) IN a bid to torpedo and pulverise the arguements as put forth and set forth on the side of the revision petitioner/D39, the learned counsel for the respondents/plaintiffs would pilot his arguements thus: