D SHANTHI BAI Vs. AYSHA BEE

JUDGEMENT

(1.) By the impugned order, the Court has only allowed the 9th respondent who claimed right through his mother who is stated to be the sister of one Khatoon Bee who is the wife of one Noorudeen with reference to whose estate a suit for partition in O.S.No.4042/1967 came to be filed. According to 9th respondent, the present suit schedule did form part of the Estate of the Late. Noorudeen. In this present suit O.S.No.3123/1998 in respect of the property which is also one of the properties as against which claims have been made by the heirs of the Noorudeen as well as Khatoon Bee.

(2.) In the light of the above, the perception of the Court below in allowing the 9th respondent to get himself impleaded in order to enable the Court for better and complete adjudication of the rights of the parties in the present suit filed by the petitioner as against the existing defendants, cannot be found fault with. As rightly held by the Court below, whether the 9th respondent herein is really entitled for any rights in the suit schedule property can be decided in a proper manner at the time of trial of the suit herein. In such circumstances, mere impleading of the 9th respondent which in the opinion of the Court below would aid the Court for its better adjudication, cannot be interfered with.

(3.) I therefore do not find any serious irregularity or illegality in the order of the Court below to entertain the revision petition. Hence, the civil revision petition is dismissed. No costs. Consequently, C.M.P.No.2798 of 2003 is closed.