KRISHNAKUMAR Vs. V.SEETHALAKSHMI

JUDGEMENT

(1.) THE defendants are the revision petitioner herein.

(2.) THE respondents/plaintiffs filed the suit for the relief of partition of the suit property. In that suit, the revision petitioners/defendants filed a written statement, stating that one Mr.Narayana Asari, who was the original owner of the suit property, did not die intestate, as claimed by the plaintiffs and he executed a Will dated 30.03.1991, in favour of the defendants' father, by name Subramaniam and after the father's death, (viz., Subramaniam) the defendants and other legal heirs succeeded to the estate. Therefore, the plaintiffs have no right over the property. Hence, a memo was filed by the plaintiffs before the Court below and sought for a direction, directing the revision petitioner/defendants to begin the case, as they have claimed right over the property under the Will and that application was allowed. Thereafter, the revision petitioners filed a Review Application to review the said order, stating that no opportunity was given to the plaintiffs and that Review Application was dismissed. Aggrieved by the same, the present Civil Revision Petition is filed.

(3.) THIS Civil Revision Petition is against the order, dismissing the Review Application filed by the revision petitioners. Therefore, the scope of this Civil Revision Petition is limited and this Court cannot exercise power conferred under Article 227 of the Constitution of India, while appreciating the judgment rendered in Review Application.