(1.) THIS Civil Revision Petition has been filed to set aside the petition and order, dated 12.12.2013, made in I.A.No.149 of 2007 in O.S.No.31 of 1985, on the file of Sub -Court, Tenkasi.
(2.) THE revision petitioner herein is the third defendant, whereas the first respondent is the plaintiff and the respondents 2 to 5 are the defendants 2 and 4 to 6 in the suit in O.S.No.31 of 1985 on the file of Subordinate Court, Tenkasi. The first respondent filed the suit in O.S.No.31 of 1985 against the petitioner and the respondents 2 to 5 and their mother Smt.S.Balammal, for partition and separate possession of his 8/49 share in the first schedule property and 1/7 share in the second schedule property. A Memo was filed by all the parties agreeing for partition.
(3.) SMT .S.Balammal, the mother of the parties herein, died on 04.12.2006. According to the petitioner, during her lifetime, his mother was depending on the first respondent. The first respondent was in the position of dominating their mother and her action. She died intestate and hence, the petitioner has filed I.A.No.149 of 2007, for claiming 49/294 share in the first schedule property and 1/6 share in the second schedule property from the share of his mother from and out of the property allotted to her in the preliminary decree.