USHA RANI Vs. THULASI

JUDGEMENT

(1.) These appeals have been filed, challenging the order of remand passed by the Lower Appellate Court, viz. the Principal Subordinate Court, Krishnagiri dtd. 28/8/2019 in A.S. Nos.24 and 25 of 2016.

(2.) The second appellant in C.M.A. No.509 of 2021 and the first appellant in C.M.A. No.531 of 2021 is the plaintiff in the suit. The first appellant in C.M.A. No.509 of 2021 and the second appellant in C.M.A. No.531 of 2021 is the fifth defendant in the suit. The respondents are defendants 2 to 4 in the suit. The parties in these appeals are claiming to be the legal heirs of the deceased Thangavel, from whom they claim to have derived title over the suit schedule properties.

(3.) The plaintiff filed a suit for partition, claiming 1/5th share in the suit schedule properties. The Trial Court, by judgment and decree dtd. 27/2/2008 passed in O.S. No.134 of 2004, dismissed the suit for partition filed by the plaintiff. Aggrieved by the same, the plaintiff in the suit, filed an Appeal Suit in A.S.No.11 of 2008 on the file of the Principal Subordinate Court, Krishnagiri. By judgment and decree dtd. 9/1/2009, passed in A.S. No.11 of 2008, the Principal Subordinate Court, Krishnagiri, reversed the findings of the Trial Court and granted a preliminary decree in favour of the plaintiff as prayed for in the suit insofar as item Nos.1, 2 and 4 of the suit schedule properties are concerned. Aggrieved by the same, the deceased Thangavel and the defendants 2 to 4 filed a Second Appeal before this Court in S.A. No.589 of 2009. Pending the Second Appeal, the deceased Thangavel died. By judgment and decree dtd. 2/11/2012, the Second Appeal filed by the defendants 2 to 4 came to be dismissed. In the said Second Appeal, the defendants 2 to 4 have conceded that there was no Will executed by the late Thangavel. Thereafter, the plaintiff filed an Interlocutory Application in I.A. No.443 of 2013 on the file of the District Munsif Court, Krishnagiri for passing final decree through appointment of an Advocate Commissioner, in terms of the preliminary decree granted in his favour. Similarly, the fifth defendant, who is sailing with the plaintiff, also filed an Interlocutory Application in I.A. No.733 of 2013 before the District Munsif Court, Krishnagiri for passing final decree.