K M MADHAVA KRISHNAN Vs. K V THANGAPERUMAL

JUDGEMENT

(1.) THIS S. R. is sought to be filed by the plaintiff as a civil revision petition to revise the order of the Subordinate Judge of Erode. in I. A. No. 289 of 1965 in O. S. No. 87 of 1956. The suit is one for partition. Defendants 102 and 115 belonged to the branch of the first defendant. The office raised an objection and hence it is posted before me for orders.

(2.) IT will be relevant to note briefly the facts of the case. One Marimuthu Pillai who owned large extent of properties. died on 10-4-1953 leaving two wives and children. His first wife had two sons who were the first defendant and husband of the third defendant. Defendants 102 and 115 are the sons of the first defendant. The daughters of the third defendant are defendants 4 and 5. The second wife of marimuthu Pillai is the second defendant. Her son is the plaintiff. An interim final decree was passed in respect of the relief's prayed for. The following terms of the decree may be relevant for consideration:

(3.) THE more relevant clause in the decree is this :-