MEENAMBAL Vs. SUDHA

JUDGEMENT

(1.) The Civil Revision Petitions are filed as against fair and decreetal orders dtd. 31/7/2018 passed in I.A.Nos.346 & 347 of 2018 respectively, in O.S.No.192 of 2012, on the file of the learned Subordinate Judge, Kallakurichi, thereby dismissing the petition to reopen the case and also dismissing the petition seeking hand writing export's opinion.

(2.) The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed suit for partition claiming 1/12 share in the suit properties. The case of the petitioner is that originally the suit properties belonged to one T.R.Rajagopal Mudaliar and thereafter, the suit properties were divided by the family members by the registered partition deed dtd. 13/2/2006. As per the partition deed, C schedule property was allotted in favour of her son Ramesh. He was in possession and enjoyment of the property and he died intestate on 24/8/2012. The first respondent is the wife, the second and third respondents are his minor children. The petitioner is the mother of the said deceased Ramesh. The deceased Ramesh and the second and third respondents are being the member of co-parcenary family, they are each entitled to have 1/3 share. On the demise of the said Ramesh, his 1/3 share would devolve to his legal heirs viz., petitioner and the respondents as such the petitioner is entitled to have 1/12 share in the suit property. Hence, she filed the present suit for partition.

(3.) The respondents resisted the same and had taken specific stand that the suit property was allotted in favour of the said deceased Ramesh by the registered partition deed dtd. 13/2/2006. Thereafter, the said Ramesh executed a Will dtd. 9/7/2012, thereby bequeathed entire suit property in favour of the respondents. Therefore, the petitioner is not entitled to have any share over the property.