KRISHNAMOORTHY Vs. K. SUNDARESAN

JUDGEMENT

(1.) This Civil Revision Petition is preferred as against the fair and decreetal order passed in I.A.No.74 of 2012 in O.S.No.88 of 2011 dtd. 14/3/2014 on the file of the III Additional District Judge, Tiruchirapalli. The suit in O.S.No.88 of 2011 was one for partition. The suit was filed on 8/6/2011. The plaintiffs and the defendants belong to the same family. The second plaintiff and the first defendant are the sons of the first plaintiff and the third plaintiff and the second defendant are the daughters-in-law of the first plaintiff. The third plaintiff is the wife of the second plaintiff and the second defendant is the wife of the first defendant respectively. For the sake of convenience, the parties herein are referred to as arrayed in I.A.No. 74 of 2012 in O.S.No.88 of 2011.

(2.) The first defendant in his written statement had pleaded that in his capacity as the power agent of plaintiffs 1 to 3, he has sold out the plaint schedule property to the second defendant by means of a registered sale deed dtd. 12/5/2010 in the office of Sub Registrar, K.Saathanur, Trichy. The same was similarly pleaded by the second defendant in paragraph No. 13 of her written statement as well. In view of the same, the plaintiffs have filed I.A.No.74 of 2012 in O.S.No.88 of 2011 under Order VI, Rule 17 of the Code of Civil Procedure, 1908 seeking to amend the plaint as well as to include an additional prayer to set aside the sale deed in favour of the second defendant bearing document No.2001 of 2010 in the office of Sub Registrar, K.Saathanur, Trichy dtd. 12/5/2010. Both the defendants filed counter to the said interlocutory application. On merits, the learned Trial Court was pleased to dismiss the said interlocutory application and the operative portion of which is extracted as follows:

(3.) Heard the learned Counsels for the petitioners as well as the first and second respondents anxiously and carefully perused the materials available on record. The learned Counsel for the petitioners took me through the various grounds of this Civil Revision Petition and the other documents which he relied upon.