LAKSHMANAN Vs. DHANALAKSHMI

JUDGEMENT

(1.) The Civil Revision Petition is directed against the Order passed in I.A. No.97 of 2016 in O.S. No.6 of 2000, dtd. 9/11/2017 on the file of the Subordinate Court, Sankarankovil, allowing the Petition filed under Sec. 3 of the Partition Act.

(2.) The Revision Petitioner as Plaintiff has filed a Suit in O.S. No.6 of 2000 on the file of the Subordinate Court, Sankarankovil, claiming partition and allotment of 7/18 shares in the Suit property. After full trial, Preliminary Decree came to be passed on 25/4/1991. Aggrieved by the Preliminary Decree, the First Defendant has preferred an Appeal before this Court in A.S. No.974 of 1991 and the same came to be dismissed vide Judgment and Decree, dtd. 13/3/2001. The Plaintiff/Decree-holder has filed an application in I.A. No.403 of 2010 in O.S. No.6 of 2000 (previously O.S. No.75 of 1987 on the file of the Sub-Court, Tenkasi) under Sec. 2 of Partition Act, seeking orders to sell the Suit property in Court auction sale and then to permit him to withdraw the amount proportionate to his share out of the sale proceeds and the same was pending.

(3.) Pending the above application filed under Sec. 2 of Partition Act, the Respondents 1 to 4 being the Legal Representatives of the deceased First Defendant have filed an application under Sec. 3 of the Partition Act in I.A. No.101 of 2011, praying the Court to fix the value of the property and to permit them to pay the amount to the Plaintiff proportionate to his shares allotted to him. The Plaintiff has filed a Counter Statement raising objections. Pending enquiry in the above I.A. No.101 of 2011, the Legal Representatives of the First Defendant have again filed a Petition under Sec. 3 of the Partition Act in I.A. No.97 of 2016, praying the Court to fix the value of the property at Rs.43.00 lakhs or to fix the value through PWD Engineer and permit them to pay the amount, which is proportionate to the Plaintiff's 7/18 shares to him.