JUSTIN RAJ Vs. SUSETHUBALA ZEENATH

JUDGEMENT

(1.) The petitioner has filed the above Civil Revision Petition praying to set aside the fair and decreetal order dated 27-2-2002 in I.A.No. 576 of 2001 in O.S.No. 39 of 1996 on the file of the Court of II Additional District Munsif, Kuzhithurai and allow the Civil Revision Petition.

(2.) The respondents 1 to 8 have been served. Inspite of service, no representation has been made either by themselves appearing before this Court or by any counsel on their behalf and therefore, this Court is today left with no choice, but to hear the learned counsel for the petitioner and consider the materials made available on record so as to pass a fitting order in the above Civil Revision Petition.

(3.) In consideration of the facts pleaded what could be assessed is that the petitioner is the third party and the suit is for partition and other reliefs; that the 7th defendant in the suit has absolute right, title and possession in respect of the portions of the suit property; that the 7th defendant has also a residential building in the suit property and this defendant died and his entire right devolves on his two sons, namely, Rajamani and Johnson and the widow of one deceased Varghese; that they were also in possession of the share of the 7th defendant.