RANGA Vs. C JAGANATHAN

JUDGEMENT

(1.) .The defendants 3 to 7 in the suit O.S.No.2220 of 1981 on the file of the VIII Assistant Judge, City Civil Court, Madras are the revision petitioners in all the three Civil Revision Petitions.

(2.) These Civil Revision Petitions, viz., 3863 to 3865 of 2001 are filed against the dismissal of I.A.Nos.5069, 5068 and 6411 of 1998 as per common order dated 23.2.2001 respectively. I.A.No.5068 of 1998 was filed to set aside the final decree dated 13.3.1998 passed in I.A.No.3140 of 1988 in O.S.No.2220 of 1981; I.A.No.5069 of 1998 was filed to reopen the I.A.No.3140 of 1988 filed for passing of final decree and I.A.No.6411 of 1998 was filed for stay the operation of the ex parte final decree dated 13.3.1998 in I.A.No.3140 of 1988.

(3.) . The first respondent herein filed the suit O.S.No.2220 of 1981 for partition of his 1/8th share in the suit property and for mesne profits stating that the plaintiff and the defendants 1 to 5 and 16 each are entitled to 1/8th share and the defendants 6 and 7 jointly entitled to 1/8th share. It appears the suit was dismissed after contest by the defendants 1 and 16 on 29.7.1985. In the appeal A.S.No.30 4 of 1986 on the file of the VIII Additional Judge, City Civil Court, Madras, filed by the plaintiff, the first respondent herein, preliminary decree was passed as per judgment dated 31.7.1987 allotting 1/8 th share to the plaintiff in the properties bearing door Nos.11 and 15 situated in Second Lane, Mandapam Street, Kilpauk and in the properties bearing old door No.1-B, New No.2, Ormes Road, Kipauk, Madras 10 and directing to make necessary application for appointment of an advocate-commissioner for the purpose of dividing into 8 equal share and relegating the question of mesne profits at the final decree stage under Order 20 Rule 12 C.P.C.