ARUMUGHA UDAYAR Vs. LAKSHMI

JUDGEMENT

(1.) THIS revision is preferred against the order of the learned Additional District Munsif, Namakkal dated 27. 8. 2003 made in I. A. No. 515/2003 in O. S. No. 542/2002, allowing the petition filed under Section 10 CPC and staying the suit in O. S. No. 542/2002 till the disposal of S. A. No. 728/1998. The Plaintiff in O. S. No. 542/2002 is the Revision Petitioner. For convenience, parties are referred to in their rank in O. S. No. 22/1989.

(2.) PALANIAMMAL - wife of Shanmugam and her son-in-law - Muthusami filed O. S. No. 22/1989 on the file of the Sub Court, Namakkal for partition and separate possession relating to the property in S. No. 174/1 to 174/5. Case of the Plaintiffs was that S. No. 174/1 Vasanthapuram Village, Namakkal Taluk originally comprised of 10. 82 acres. It belonged to D-1 Gurusami and his cousin Arumuga Udayar D-5. S. No. 174/1 was later subdivided as S. Nos. 174/1 to 174/5. Money suits were filed against D-1 Gurusami. In the execution proceeding, half share of the said Gurusami had been sold in the Public Auction. The second Plaintiff purchased 1/4th share in S. No. 174/1 in the Court auction. One Periyanathan purchased remaining 1/4th share of the said Gurusami. The said Periyanathan sold 1/4th share of the first Plaintiff Muthusami. Thus the Plaintiff claimed to be entitled to half share in S. No. 174/1 10. 82 acres which was later subdivided as S. Nos. 174/1 to 174/5. Since D-5 - Arumuga Udayar claimed that there was no partition by metes and bounds, the Plaintiffs have filed O. S. No. 22/1989 suit for partition, on the file of Sub Court Namakkal. The said suit was dismissed by the Judgment dated 28. 3. 1995.

(3.) A. S. NO. 100/1995:-THE Plaintiffs have preferred this appeal before the District Court Salem. Partly allowing the appeal, the learned District Judge found :-