E S MALARVIZHI Vs. V MADHUSUDANAN

JUDGEMENT

(1.) Challenging the judgment and decree passed in C.M.A.No.12 of 2013 on the file of the Principal District Court, Kancheepuram at Chengalpattu, the 2nd respondent in the final decree application in I.A.No.447 of 2009 in O.A.No.178 of 1986 on the file of the Subordinate Judge, Tambaram, has filed the above Civil Revision Petition.

(2.) The respondent/plaintiff filed the suit in O.S.No.178 of 1986 for partition. After contest, the trial Court dismissed the suit. Aggrieved over the same, the plaintiff preferred an appeal in A.S.No.519 of 1995 before this Court and this Court by judgment dated 27.02.2009 set aside the judgment and decree of the trial Court and decreed the suit and passed a preliminary decree. As per the preliminary decree, the respondent/plaintiff is entitled to half share and the revision petitioner is entitled to the remaining half share.

(3.) It is also brought to the notice of this Court that aggrieved over the judgment passed in A.S.No.519 of 1995, the revision petitioner preferred an appeal before the Hon'ble Supreme Court in S.L.P.No.4460 of 2010, which was also dismissed by the Hon'ble Supreme Court on 17.09.2010.