M. KRISHNAMOORTHY Vs. SAHARA BIBI

JUDGEMENT

(1.) The revision petitioners have filed this civil revision petition against the fair and decretal order 11.10.2004 made in I.A.No.1072 of 2003 in A.S.No.5 of 2003 on the file of the Principal District Court, Coimbatore.

(2.) For the sake of convenience, the plaintiff 2 to 4 in the original suit are referred as revision petitioners 1 to 3 and the second defendant in the original suit is referred as the respondent hereafter.

(3.) The deceased Chellammal and three others originally filed a suit in O.S.No.2020 of 1996 for recovery of possession and damages against the sole defendant namely, Lakshmi ammal. During the pendency of the suit, one Sahara Bibi as a subsequent purchaser from the first defendant was impleased as second defendant. In the above said suit, both the defendants have filed written statements. But, at the time of trial, the second defendant in the suit namely, Sahara Bibi remained exparte and the trial Court has considered the oral and documentary evidence adduced on either side and finally, granted a relief of recovery of possession alone and dismissed the suit in respect of damages.